Legal Question in Personal Injury in New Hampshire
No signed release form no payment
My wife was in a car accident, and was taken to the hospital from the accident scene. A driver other than my wife was at fault in the accident, and a police report verifies this. All bills have been submitted, however the insurance company is refusing to pay the medical bills until my wife signs a release form. The release form clearly states the amount paid, and states that by signing the form she will no longer be able to collect any damages from the insurance company or the driver at fault in the accident. If my wife does not sign the release form does the insurance agency have any legal grounds to not pay the medical bills currently associated with the accident (example Hospital)?
3 Answers from Attorneys
Re: No signed release form no payment
The insurance company of the driver at fault is under no obligation (under NH law) to pay your wife's medical bills. They can demand a release if they are paying you any amount of money. This is hard ball. They are only obligated to pay you anything if you get a jury to award you damages in a court case. Now you don't have to go that far because most cases settle way before they ever get to trial.
Remember you're asking if the insurance company of the other driver is Required to pay you without a release. The quick answer. No.
Your own insurance company may have coverage available to you that will pay the bills. If you ahve insurance you have already bought this coverage. It is called Medical Payments coverage or "med pay".
You might find this helpful...We created a free report on our website that answers a lot of questions about an auto claim in New Hampshire. You can get it by sending a blank email to "[email protected]" It will automatically be sent to you.
Re: No signed release form no payment
The simple answer is yes; the other driver's insurance company has no obligation to pay your wife's medical bills until there is a judgment entered in court against the other driver. Your wife and you may be entitled to damages beyond just the medical bills, including lost wages, loss of consortium and pain and suffering.
Contact an attorney.
Re: No signed release form no payment
You do not say where te accident occurred or where your car is insured. If insured in MA, you get medical benefits from your own insurer under your "no-fault" policy. YOu get up to $2,000, then you look to your own health insurer for balance. If health insurere doesn't pay all medical bills, your auto insurere will.
You should not sign a release untill you know the full extent of your wife's injuries and her prognosis. She may lose toime from work and may have residual medical problems. Call your auto insurere to help you determine what your policy covers. Also, submit her bills to your health insurer and sue other driver later. YOu should consult with a lawyer if your wife's injuries are serious.
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