Legal Question in Personal Injury in Colorado
Payments from Insurance Company
My mother fell and broke her hip in front of a bank. The bank has accepted responsibility and the insurance company is going through the claim process. They have stated that she can start submitting expenditures to them for payment. The question is: If she accepts a small check for some of the expenditures could this be construed as total settlement. Should she wait until all due diligence has been taken care of before accepting any checks???
1 Answer from Attorneys
Re: Payments from Insurance Company
Hello:
Most businesses have a medical pay policy provision on their insurance, which provides for payments of medical bills for persons injured on the property. Just because a business' insurance agrees to pay on the medical bills does not necessarily mean that they accept liability for the incident. The payment of the medical bills is not related to the acceptance of the liability.
Your mother will not compromise her rights by accepting payment for the medical bills, AS LONG AS she does not sign any waiver of her rights or settle for any amount regarding the liability issue. Accepting the checks for payment of the medical bills will not compromise her rights as long as there is no other paperwork or agreements that she signs.
You may want to discuss this further with an attorney to ensure that your mother's rights remain in effect. I would need to know the details regarding the incident to determine whether she has a valid liability claim or not. Free feel to contact me if you wish to discuss this further. Thanks.
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