Help interpreting settlement form

[legaldummy]

Jurisdiction

Washington

I had an accident and it was determined by a cop to be the other driver's fault. I had some injury to my face and body.

This is part of a form I received from the other driver's insurance. I changed some of the values for simplicity.

FOR AND IN CONSIDERATION of the payment of the sum of Sixteen thousand dollars, the receipt and sufficiency of which is hereby acknowledged, and of the promise of payment to the undersigned of benefits in accordance with the Schedule of Benefits set forth below, by the Company accepting this Agreement.

------------------------------------------------------- Schedule of Benefits ------------------------------------------

To pay all reasonable and necessary expenses, not previously paid by the company, not to exceed $15000.00 incurred for medical, dental or surgical treatment, ambulance, hospital, professional nursing services, and prosthetic devices, furnished to the named beneficiary within 180 days following the date of the Agreement.

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The undersigned hereby releases <blank> and forever discharges <blank> and any and all other persons, firms, or corporations liable or who might be claimed to be liable, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, both to person and property, and particularly on account of all injuries, known and unknown, sustained by (Named Beneficiary) XXXXX, which have resulted or may in the future develop as a result of an accident which occurred on or about the 21 day of May , 2023 at or near <location>.​

Is it saying the settlement is $16K and no more? Or is it $16K plus something? I'm confused by the box "schedule of benefits" and the $15K limit.

 

[Zigner]

If you do not understand the document, then it would behoove you to speak to a local attorney. I know that you feel that what you are asking is a simple question, and it may in fact be a simple question, it requires interpretation of a legal document which would cross over into the arena of the unlawful practice of law.

 

[adjusterjack]

Is it saying the settlement is $16K and no more? Or is it $16K plus something? I'm confused by the box "schedule of benefits" and the $15K limit.

I'm the go-to guy for insurance related questions and I can't answer that question. That's how poorly that release is written.

Generally, a release says (simplified) you get X dollars today and that's it. If you are getting a check for x dollars today and the insurance company is agreeing to pay additional medical costs incurred later, then the release needs to be more clear about that.

You can start by going back to the claim rep and ask that the release be clarified in plain English.

 

[mightymoose]

In general, you should assume that the document is worded in a way that benefits the insurance company and not you.
If your injuries are such that you are worried about future costs then you need to negotiate different language.