QuestionGood Morning,
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
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> Volunteer Expert: Richard Hixenbaugh
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> 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?
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> 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
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> Richard Hixenbaugh
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4/13/09
Show AllExperts Add to contactSubject: 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 bumpsTo
AnswerHi Cyndee,
I'm sorry you are still dealing with this.
Unfortunately, your insurance company has tricked you and your husband. If you will re-read my original answer you will see that I said that any payments will come from the bodily injury liability portion of your policy. This is coverage that pays for injuries that you become legally liable to pay for. That means that your husband and child would have a legal claim or case against you for being at fault for their injuries and therefore your insurance would pay their claims. Since your husband indicated that he did not feel you were at fault and would not be willing to sue you, the insurance company feels that you are not legally liable for their injuries and will not pay.
At this point you may want to seek the advice of an attorney. You should have not further communication with anyone at the insurance company until you speak to an attorney. If you decide to hire an attorney you need to follow his/her directions as to communications with the insuranc company.
Unfortunately, it may be too late at this point.
I hope this helps
Richard Hixenbaugh
