Legal Question in Personal Injury in Ohio
car accident
I was recently in an autombile accident as a passenger in my co-workers car. An older lady accelerated through a stop sign hitting us on drivers side. It was a major impact, my co-worker had to be cut out of her side and her car was totaled. The lady that hit us was sided. Her insurance company called a few times and finally came out to see me. After much discussion this is what we did. They paid me for the time I had missed and finally agreed to an amount for pain and suffering, however we agreed to leave the medical portion of my claim open. They did offer an amount for medical but at that time I felt it was a good idea to leave the medical portion open. I called yesterday to talk about my medical claims and after some getting the run around I said just send the amount we agreed on for medical and we can close this. The adjuster said oh we cannot do that she needs to pay the bills now. She said legally she has to do it this way. Is this true?
2 Answers from Attorneys
Re: car accident
First question is: are you sure you are ready to settle and that you have no permanent injuries? If you want to settle for the agreed upon amount for your medical bills then you can receive the money and it does not have to be paid to the medical providers.
Re: car accident
You shouldn't settle this matter until after you have completed treating, and are sure there are not permanant injuries. Did you have insurance that paid for your care? If so, then the insurance that paid for the medical care may have put the other ins. co. on notice of the payment, in which case your insurance co. is entitled to repayment first. Have an attorney look at this matter before you sign any release.
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