Auto Insurance Claims: 3rd part benefit to my husband and son I was driver at fault., volunteer expert, school counselor

Question
Hello, I'm sorry to be sending this again.  I got a reply without a response.  
> To:
> Date: Tue, 22 Mar 2011 13:21:53 +0000
> From:
> Subject: AllExperts Reply to your question
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> Hello! An answer to your question:
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> Good Morning,
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> You helped clarify a question for us back in 2009 which I will copy here. Our son's PTSD was diagnosed as a result of the accident and he saw a counselor over the summer that year. He is still suffering with it at times as we had two family deaths in one week this summer and could probably use some additional counseling but it's jut too expensive, we're just using the school counselor. We had to sign a release for the counselor notes as well as submit all the bills for the counselor. Then after all that, the ins. company refused to reimburse us for the counseling because they asked my husband if he thought I was at fault and if he would want to sue me as a result of me being at fault and he said no, I wasn't at fault. That was it, they closed the case, (We never signed anything# and even purged the info from their online files. I can't even access how much was totally paid out. We feel like we were misled about my husband and son being eligible for compensation and wonder if we should get an attorney at this point?

> THIS IS THE ORIGINAL From 4/13/2009:
> Subject: 3rd party benefit to husband and son I was driver considered at fault
> >
> > Volunteer Expert: Richard Hixenbaugh
> >
> > Question:
> > We were in an accident towing our trailer. Thank God there were only bumps and bruises. No other person or car was hit. Both our car and trailer were totaled. Someone from our insurance company called me and said my husband and son would be entitled to a 3rd party settlement after the medical claims were complete since they were passengers and I would be considered at fault. #So far I have not been issued a citation or anything) The accident occurred in VA, not our home state. Our UN/UI is $15/30 our Bodily Injury is 250/500. Under which would the insurance company be paying from? Should we even go down that road? Would I be considered convicted of a crime? Do we need a lawyer?
> >
> > Answer:
> > Hi Cyndee,
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> >
> >
> > You do not need a lawyer. The claim for your husband and child would be paid from the bodily injury liability part of your policy. Since you indicated that the injuries were minor, so too will the settlement be minor. The insurance company is trying to "cash you out". This means that they will make a token offer in exchange for a signed release form. For example they may offer each of them $500.00 to $1000.00 for the inconvenience of having the minor bruises.
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> > This is not a big deal. You are not guilty of a crime. This is simply an at fault accident. You do not have to be issued a citation to be considered at fault.
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> > Just listen to what the adjuster offers you and if it seems reasonable for the type of injuries, then just accept, sign the release and get a check.
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> > I hope this helps
> >
> > Richard Hixenbaugh

Answer
Hi Cyndee,

At this point you likely do need to speak to an attorney. Your insurance company has tricked your husband into giving up his claim by stating that he does not feel you were at fault and he will not sue you. Now you will need to hire a lawyer to see if this can be un-done.

The only way you can receive compensation is if you were at fault and your husband indicates that he feels you were at fault and will sue you if necessary to get paid.

Please seek the advice of any attorney right away. DO NOT HAVE ANY FURTHER COMMUNICATION WITH THE INSURANCE COMPANY, EITHER YOU OR YOUR HUSBAND. If this can not be un done, you may be on the hook for all of the medical bills your self. Please contact an attorney right away.

I hope this helps
Richard Hixenbaugh