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Should we wait 2 years before closing claim?

Should we wait 2 years before closing claim?

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  #1  
Old 09-04-11, 03:22 PM
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Should we wait 2 years before closing claim?

Background info: Husband was involved in a motorcycle accident (last week) with a dog. Dog's owner was found at fault. Dog owners liability insurance has already given us a check that covers 70% of the value of my husbands damaged personal property (jacket, gloves, smashed cell phone, helmet). Adjuster tells us the 30% remaining will be paid as part of the "pain and suffering" money that he will receive. Damage to the bike has yet to be determined. My husband sustained 2 fractured ribs, a fractured L shoulder (acromion process of the scapula), soft tissue injuries to his L ankle, L knee, L elbow, fair amount of road rash. This all diagnosed with the emergency room visit. Appointment with an orthopedic physician is next week to ensure no undiagnosed knee/shoulder/elbow/ankle problems and need for further treatment.

Questions:
1. Should we wait the 2 years that Oregon allows to close out this claim? We are concerned that orthopedic problems related to current injuries may surface in the next 2 years.
2. Can we find out what the limits are on the at fault persons liability coverage?

Thanks for any assistance. More questions later I'm sure.
 
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  #2  
Old 09-05-11, 06:27 AM
the_tow_guy's Avatar
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Until an expert comes along, I'll give you a layman's opinion.

1. Yes.
2. Probably not.

 
  #3  
Old 09-05-11, 06:47 AM
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Expert advice needed. But from recent experience, don't accept nor cash a check for the pain and suffering. It will have a clause printed on it that will absolve the insurance company of any and all damages, suffering, pain, and basically other claims, forever. Once signed, they have been released. It is an enticing way of having you sign a legal release form. I recently had an auto accident and the insurance company has taken care of virtually everything. She even sent me a pain and suffering check for $300 for missing a day's work, supposedly. Still haven't signed it. Don't intend to until EVERYTHING is back to normal. $300 wasn't earned, wasn't something I asked for, and was certainly not going to make a difference at the bank, since I wasn't expecting it in the first place. Just don't release them too soon.
 
  #4  
Old 09-05-11, 07:54 AM
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You're in attorney territory. I would estimate only 3-5% of my patients handle their own claims and get what are, in my opinion, fair and reasonable settlements.

If there was only property damage, there would be no reason to leave the claim open. With injuries, you want to leave the claim open until the injuries have reached maximum medical improvement.
 
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