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Hit by car while riding bike

Discussion in 'Auto Accidents, Injuries' started by Orcaron, Nov 1, 2021.

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  1. Orcaron

    Orcaron Law Topic Starter New Member

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    Jurisdiction:
    South Carolina
    The driver of the car was found at fault by the police report. Injuries were shoulder blade fracture and rotator cuff tear. No surgery required, just PT. Per Driver's insurer (major carrier) request, all medical bill copies were submitted. Carrier has sent an Agreement and Release:

    For and in consideration of the payment of the sum of ____ [this is for pain & suffering] dollars, the receipt and sufficiency of which is hereby acknowledged, and 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
    (1) To pay all reasonable and necessary expenses, not previously paid by the Company not to exceed _____ [roughly three times what the medical bills amounted to] incurred for medical, dental or surgical treatment, ambulance, hospital, professional nursing services, and prosthetic devices, furnished to the named beneficary as a result of the accident described herein and not previously considered or included in the above paid consideration, from the date of the accident described herein for 180 days following the date of this agreement.
    I am confused with this A&R. I called a friend who is a labor law attorney. He read the A&R and was also confused and mentioned that he'd never seen such 'wording'. The pain & suffering benefit seems clear-cut but I do not understand why the Schedule of Benefits reads 3x what the actual bills amounted to nor what their exact settlement would be for the 'benefits' portion. So I'm torn whether to engage an attorney or to assume that the pain & suffering + actual bills would be the benefit. I understand that the safe bet is to hire an attorney however I would naturally prefer that the attorney better the offer... but I also know that there are no guarantees.
     
  2. Zigner

    Zigner Well-Known Member

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    Thank you for sharing.
     
  3. zddoodah

    zddoodah Well-Known Member

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    If, in fact, this is true, it is completely meaningless. Even if the police witnessed the accident (unlikely), the police's determination of fault is not binding on anyone.

    Beyond that, I don't see a question in your post. Do you have one?

    If you're seeking legal advice regarding the document you've been asked to sign, you can't get that from anonymous strangers on a message board (many of whom are not lawyers and, AFAIK, none of whom are in South Carolina).
     
  4. Orcaron

    Orcaron Law Topic Starter New Member

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    Fair enough; questions are:
    Why would the carrier mention 'not to exceed' three times the actual expenses? Is this intended to cover any medical expenses incurred from A&E signing until 180 days? Is this standard practice?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    It's a trap. Don't sign anything until you are fully recovered with no residual problems.

    And then don't sign anything until YOU have figured out how much money to ask for.
     
    Red Kayak and Disabled Vet like this.
  6. zddoodah

    zddoodah Well-Known Member

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    When I want to know why a person or entity has done something, I have found that the most productive way to get a response is to ask that person or an employee of the entity. In my experience, asking John why Jane did something is rarely productive.

    If you're not comfortable doing this yourself, I suggest retaining the services of a personal injury attorney.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    Yet posters regularly ask us that very thing instead of going right to the source, of course, of course.
     
  8. Redemptionman

    Redemptionman Active Member

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    Usually insurance company wants to go 3x medical while PI attorneys and plaintiffs want 5xs. Attorneys specializing in personal injury don't exist for no reason. I would find one and get on with it, you will get a larger settlement.
     

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