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Bodily Injury Claim Settlement after automobile accident?



Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern)
Announcing the arrival of Valued Associate #679: Cesar Manara
Unicorn Meta Zoo #1: Why another podcast?Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public PolicyShould I get a lawyer after my accident?Pre-existing issue (medical)Must I pay counter claim award if less than original claim award?Where can I find insurance claim requirements and standards for a given state (Texas, etc)can I submit a new insurance claim on roof damage after unpaid claim unrepairedWhat would be the fastest way to sue someone in a traffic accident? Post Accident Legal StrategiesCan language in a settlement agreement have affect on taxes for a personal injury lawsuit?Renovating entire condo following flood - insurance claimDeferred Operator, Borrowing Vehicle, Bodily Injury Coverage










3















My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine).



I am unfamiliar with the ins and outs of this. My concern is that



  1. If I accept the settlement and later it turns out that he is hurt in
    some way (maybe a chronic condition) that he is unable to
    communicate to us we will have no recourse.

  2. If we don't accept the settlement, that we
    won't be able to approach them later if he does have some injury (I
    do not know if there is a time limit for claiming bodily injury
    after an accident).

Could someone please clear up my concerns:



  • In typical settlement agreements, if later medical expenses are incurred due to some unknown condition, is there any recourse?


  • Is there something akin to a statute of limitations with regard to how much time a person has to file a claim with regard to an injury (if it was not known at the time)?


We already have filed a claim (to pay for the doctor visit after the accident), which is why they want us to settle.










share|improve this question



















  • 2





    The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

    – HDE 226868
    Jun 20 '15 at 15:24











  • Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

    – Joishi Bodio
    Jun 20 '15 at 16:27











  • @JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

    – o0'.
    Jul 19 '15 at 17:47















3















My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine).



I am unfamiliar with the ins and outs of this. My concern is that



  1. If I accept the settlement and later it turns out that he is hurt in
    some way (maybe a chronic condition) that he is unable to
    communicate to us we will have no recourse.

  2. If we don't accept the settlement, that we
    won't be able to approach them later if he does have some injury (I
    do not know if there is a time limit for claiming bodily injury
    after an accident).

Could someone please clear up my concerns:



  • In typical settlement agreements, if later medical expenses are incurred due to some unknown condition, is there any recourse?


  • Is there something akin to a statute of limitations with regard to how much time a person has to file a claim with regard to an injury (if it was not known at the time)?


We already have filed a claim (to pay for the doctor visit after the accident), which is why they want us to settle.










share|improve this question



















  • 2





    The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

    – HDE 226868
    Jun 20 '15 at 15:24











  • Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

    – Joishi Bodio
    Jun 20 '15 at 16:27











  • @JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

    – o0'.
    Jul 19 '15 at 17:47













3












3








3








My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine).



I am unfamiliar with the ins and outs of this. My concern is that



  1. If I accept the settlement and later it turns out that he is hurt in
    some way (maybe a chronic condition) that he is unable to
    communicate to us we will have no recourse.

  2. If we don't accept the settlement, that we
    won't be able to approach them later if he does have some injury (I
    do not know if there is a time limit for claiming bodily injury
    after an accident).

Could someone please clear up my concerns:



  • In typical settlement agreements, if later medical expenses are incurred due to some unknown condition, is there any recourse?


  • Is there something akin to a statute of limitations with regard to how much time a person has to file a claim with regard to an injury (if it was not known at the time)?


We already have filed a claim (to pay for the doctor visit after the accident), which is why they want us to settle.










share|improve this question
















My wife was in a car accident several months ago and a couple of our children were in the car with her. One of them (who happens to be two years old) saw a doctor and our insurance agency has been wanting us to do a settlement for $500 (we think he's likely fine).



I am unfamiliar with the ins and outs of this. My concern is that



  1. If I accept the settlement and later it turns out that he is hurt in
    some way (maybe a chronic condition) that he is unable to
    communicate to us we will have no recourse.

  2. If we don't accept the settlement, that we
    won't be able to approach them later if he does have some injury (I
    do not know if there is a time limit for claiming bodily injury
    after an accident).

Could someone please clear up my concerns:



  • In typical settlement agreements, if later medical expenses are incurred due to some unknown condition, is there any recourse?


  • Is there something akin to a statute of limitations with regard to how much time a person has to file a claim with regard to an injury (if it was not known at the time)?


We already have filed a claim (to pay for the doctor visit after the accident), which is why they want us to settle.







united-states claims insurance






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited Jun 20 '15 at 20:35







Joishi Bodio

















asked Jun 20 '15 at 1:56









Joishi BodioJoishi Bodio

1183




1183







  • 2





    The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

    – HDE 226868
    Jun 20 '15 at 15:24











  • Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

    – Joishi Bodio
    Jun 20 '15 at 16:27











  • @JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

    – o0'.
    Jul 19 '15 at 17:47












  • 2





    The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

    – HDE 226868
    Jun 20 '15 at 15:24











  • Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

    – Joishi Bodio
    Jun 20 '15 at 16:27











  • @JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

    – o0'.
    Jul 19 '15 at 17:47







2




2





The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

– HDE 226868
Jun 20 '15 at 15:24





The way this is written comes off as a request for legal advice (which is off topic). If you can find a way to remove the personal parts of it, then you might have something that's good.

– HDE 226868
Jun 20 '15 at 15:24













Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

– Joishi Bodio
Jun 20 '15 at 16:27





Maybe it's poorly written - I'm attempting to ask what potential consequences I can expect with typical settlements.. I think @feetwet's answer may address some of my concerns.

– Joishi Bodio
Jun 20 '15 at 16:27













@JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

– o0'.
Jul 19 '15 at 17:47





@JoishiBodio the problem is that you state explicitly this is about you, so the default answer is "get a lawyer, we're not your lawyers, get a real one!". You'd better rephrase it in a "generic" way, such as "if one person was in such a situation, what would happen?". Still, get a real lawyer.

– o0'.
Jul 19 '15 at 17:47










2 Answers
2






active

oldest

votes


















2














Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions.



In general, however, settlements involve a full release of future claims against the settled matter. That doesn't necessarily mean that they are bad: A fair settlement pays the present risk-adjusted cost of future liabilities. But since that's the whole reason people buy insurance to begin with I would be wary of accepting a small settlement from an insurance company. I.e., you pay small premiums to insurers for coverage against unlikely but catastrophic expenses. E.g., maybe you pay $500 a year to insure a house against the unlikely but catastrophic scenario that it burns down and has to be replaced for $250k.



If an insurer asked to pay me $500 so that they aren't on the hook for unlikely but expensive costs down the road I would ask myself, "Do I want to sell insurance to this insurance company?" If I had better information than them and knew that there was zero risk I probably would. But if they had more experience than I with the risks and costs involved in the situation then I likely would not, even if I knew that they had priced the settlement fairly (which is another risk and a whole other question of negotiation and game theory).






share|improve this answer

























  • Thank you, feetwet. I will review the paperwork yet again with this in mind.

    – Joishi Bodio
    Jun 20 '15 at 20:31


















0














Top 6 Ways Increase Full Value Of Your Car Accident Settlement [Car Accidents and More]



I'm going to give you 6 ways to increase the value of your car Accident Settlement. If someone else's carelessness caused your personal injury. Read this article, you learn all top 6 ways of increase a car accident settlement. And you don't leave any money on the table.



1. Get Medical Treatment (And Surgery)



The first way to increase the full value of your car accident settlement is, to get medical treatment. There's the same goes damages drive the value of your case. The more medical treatment you have higher medical bills. You have the more pain and suffering the adjuster and/or jury believes you've had which increases the total damages. Without medical treatment, the value of the case is generally very small. With medical treatment, you at least have a fighting chance in getting more money for your case.read more






share|improve this answer








New contributor




faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




















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    2 Answers
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    oldest

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    2 Answers
    2






    active

    oldest

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    active

    oldest

    votes






    active

    oldest

    votes









    2














    Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions.



    In general, however, settlements involve a full release of future claims against the settled matter. That doesn't necessarily mean that they are bad: A fair settlement pays the present risk-adjusted cost of future liabilities. But since that's the whole reason people buy insurance to begin with I would be wary of accepting a small settlement from an insurance company. I.e., you pay small premiums to insurers for coverage against unlikely but catastrophic expenses. E.g., maybe you pay $500 a year to insure a house against the unlikely but catastrophic scenario that it burns down and has to be replaced for $250k.



    If an insurer asked to pay me $500 so that they aren't on the hook for unlikely but expensive costs down the road I would ask myself, "Do I want to sell insurance to this insurance company?" If I had better information than them and knew that there was zero risk I probably would. But if they had more experience than I with the risks and costs involved in the situation then I likely would not, even if I knew that they had priced the settlement fairly (which is another risk and a whole other question of negotiation and game theory).






    share|improve this answer

























    • Thank you, feetwet. I will review the paperwork yet again with this in mind.

      – Joishi Bodio
      Jun 20 '15 at 20:31















    2














    Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions.



    In general, however, settlements involve a full release of future claims against the settled matter. That doesn't necessarily mean that they are bad: A fair settlement pays the present risk-adjusted cost of future liabilities. But since that's the whole reason people buy insurance to begin with I would be wary of accepting a small settlement from an insurance company. I.e., you pay small premiums to insurers for coverage against unlikely but catastrophic expenses. E.g., maybe you pay $500 a year to insure a house against the unlikely but catastrophic scenario that it burns down and has to be replaced for $250k.



    If an insurer asked to pay me $500 so that they aren't on the hook for unlikely but expensive costs down the road I would ask myself, "Do I want to sell insurance to this insurance company?" If I had better information than them and knew that there was zero risk I probably would. But if they had more experience than I with the risks and costs involved in the situation then I likely would not, even if I knew that they had priced the settlement fairly (which is another risk and a whole other question of negotiation and game theory).






    share|improve this answer

























    • Thank you, feetwet. I will review the paperwork yet again with this in mind.

      – Joishi Bodio
      Jun 20 '15 at 20:31













    2












    2








    2







    Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions.



    In general, however, settlements involve a full release of future claims against the settled matter. That doesn't necessarily mean that they are bad: A fair settlement pays the present risk-adjusted cost of future liabilities. But since that's the whole reason people buy insurance to begin with I would be wary of accepting a small settlement from an insurance company. I.e., you pay small premiums to insurers for coverage against unlikely but catastrophic expenses. E.g., maybe you pay $500 a year to insure a house against the unlikely but catastrophic scenario that it burns down and has to be replaced for $250k.



    If an insurer asked to pay me $500 so that they aren't on the hook for unlikely but expensive costs down the road I would ask myself, "Do I want to sell insurance to this insurance company?" If I had better information than them and knew that there was zero risk I probably would. But if they had more experience than I with the risks and costs involved in the situation then I likely would not, even if I knew that they had priced the settlement fairly (which is another risk and a whole other question of negotiation and game theory).






    share|improve this answer















    Your questions would be answered by the terms of the settlement and by your insurance contract. If you are unsure of the implications of those contracts you should have them reviewed by a lawyer or competent agent that you pay (i.e., not one representing the insurer) to answer your questions.



    In general, however, settlements involve a full release of future claims against the settled matter. That doesn't necessarily mean that they are bad: A fair settlement pays the present risk-adjusted cost of future liabilities. But since that's the whole reason people buy insurance to begin with I would be wary of accepting a small settlement from an insurance company. I.e., you pay small premiums to insurers for coverage against unlikely but catastrophic expenses. E.g., maybe you pay $500 a year to insure a house against the unlikely but catastrophic scenario that it burns down and has to be replaced for $250k.



    If an insurer asked to pay me $500 so that they aren't on the hook for unlikely but expensive costs down the road I would ask myself, "Do I want to sell insurance to this insurance company?" If I had better information than them and knew that there was zero risk I probably would. But if they had more experience than I with the risks and costs involved in the situation then I likely would not, even if I knew that they had priced the settlement fairly (which is another risk and a whole other question of negotiation and game theory).







    share|improve this answer














    share|improve this answer



    share|improve this answer








    edited Jun 20 '15 at 16:35

























    answered Jun 20 '15 at 15:28









    feetwetfeetwet

    14.9k94499




    14.9k94499












    • Thank you, feetwet. I will review the paperwork yet again with this in mind.

      – Joishi Bodio
      Jun 20 '15 at 20:31

















    • Thank you, feetwet. I will review the paperwork yet again with this in mind.

      – Joishi Bodio
      Jun 20 '15 at 20:31
















    Thank you, feetwet. I will review the paperwork yet again with this in mind.

    – Joishi Bodio
    Jun 20 '15 at 20:31





    Thank you, feetwet. I will review the paperwork yet again with this in mind.

    – Joishi Bodio
    Jun 20 '15 at 20:31











    0














    Top 6 Ways Increase Full Value Of Your Car Accident Settlement [Car Accidents and More]



    I'm going to give you 6 ways to increase the value of your car Accident Settlement. If someone else's carelessness caused your personal injury. Read this article, you learn all top 6 ways of increase a car accident settlement. And you don't leave any money on the table.



    1. Get Medical Treatment (And Surgery)



    The first way to increase the full value of your car accident settlement is, to get medical treatment. There's the same goes damages drive the value of your case. The more medical treatment you have higher medical bills. You have the more pain and suffering the adjuster and/or jury believes you've had which increases the total damages. Without medical treatment, the value of the case is generally very small. With medical treatment, you at least have a fighting chance in getting more money for your case.read more






    share|improve this answer








    New contributor




    faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.
























      0














      Top 6 Ways Increase Full Value Of Your Car Accident Settlement [Car Accidents and More]



      I'm going to give you 6 ways to increase the value of your car Accident Settlement. If someone else's carelessness caused your personal injury. Read this article, you learn all top 6 ways of increase a car accident settlement. And you don't leave any money on the table.



      1. Get Medical Treatment (And Surgery)



      The first way to increase the full value of your car accident settlement is, to get medical treatment. There's the same goes damages drive the value of your case. The more medical treatment you have higher medical bills. You have the more pain and suffering the adjuster and/or jury believes you've had which increases the total damages. Without medical treatment, the value of the case is generally very small. With medical treatment, you at least have a fighting chance in getting more money for your case.read more






      share|improve this answer








      New contributor




      faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.






















        0












        0








        0







        Top 6 Ways Increase Full Value Of Your Car Accident Settlement [Car Accidents and More]



        I'm going to give you 6 ways to increase the value of your car Accident Settlement. If someone else's carelessness caused your personal injury. Read this article, you learn all top 6 ways of increase a car accident settlement. And you don't leave any money on the table.



        1. Get Medical Treatment (And Surgery)



        The first way to increase the full value of your car accident settlement is, to get medical treatment. There's the same goes damages drive the value of your case. The more medical treatment you have higher medical bills. You have the more pain and suffering the adjuster and/or jury believes you've had which increases the total damages. Without medical treatment, the value of the case is generally very small. With medical treatment, you at least have a fighting chance in getting more money for your case.read more






        share|improve this answer








        New contributor




        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.










        Top 6 Ways Increase Full Value Of Your Car Accident Settlement [Car Accidents and More]



        I'm going to give you 6 ways to increase the value of your car Accident Settlement. If someone else's carelessness caused your personal injury. Read this article, you learn all top 6 ways of increase a car accident settlement. And you don't leave any money on the table.



        1. Get Medical Treatment (And Surgery)



        The first way to increase the full value of your car accident settlement is, to get medical treatment. There's the same goes damages drive the value of your case. The more medical treatment you have higher medical bills. You have the more pain and suffering the adjuster and/or jury believes you've had which increases the total damages. Without medical treatment, the value of the case is generally very small. With medical treatment, you at least have a fighting chance in getting more money for your case.read more







        share|improve this answer








        New contributor




        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.









        share|improve this answer



        share|improve this answer






        New contributor




        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.









        answered 27 mins ago









        farahafaraha

        11




        11




        New contributor




        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.





        New contributor





        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.






        faraha is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
        Check out our Code of Conduct.



























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