I had a very bad slip and fall on a premises. The insurance company denied my bodily injury claim but is willing to pay $ 4000.00 of my $ 6000.00 medical bills. I asked the adjuster on what basis is he denying my claim. He stated that he took pictures and came to the determination that his insured isn't liable. (of course that Bull crap!) They haven't even attempted to call my witness. Anywho I do intend to get lawyer. Out of all this would I be able to accept the med pay without signing a release. Of course I would not want to sign all my rights away, and would I be to negotiate getting him to pay out the maximum of $ 5000.00 on the med pay policy? I lost my job because of this injury and I don't have money to pay the remaining balance on the medical bills. Doctors these days don't want partial payments...the want the full amount. Thanks!
Zarnev
Since you didn't explain what happened and why you think the owner was liable I'll restrict my comments to the med pay. Medical payments are not subject to the owner's liability but you shouldn't take the med pay without speaking to a lawyer first or trying to negotiate the settlement yourself. If you are just going after the max $ 5K you can tell the adjuster that the offer is not sufficient and explain why. They might come up on their offer.
Unless you have a lawyer on retainer you probably will be better off taking the $ 4K because the lawyer will get a third of the settlement. If the lawyer is successful and gets you the $ 5K he'll take $ 1675, leaving you with $ 3325. If he is not successful and only gets you the $ 4K he'll take $ 1340 leaving you with $ 2660.
The only way to get anything on the liability policy is to sue the homeowner and for that you'll need a lawyer. The lawyer may be able to get the extra payment for your medical bills plus payment for your lost job.
Orignal From: Can I still accept Med pay money without signing a release from the insurance company?
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