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 Posted: Wed Aug 12, 2009 5:12 pm Post subject: My mother was in an automobile accident in June. |
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She was an occupant of the vehicle that was hit.
The insurance people overwhelmed her in the office and convinced her to sign off on her injuries. When she got home she looked at the check from them and saw that it was not what they had verbally agreed on. After reading the documents more closely she realized they had lied to her about what it said. She then sent them a letter (less than 24 hours after signing it) rescinding the agreement and sent them the uncashed, unsigned check also. Can she do this or is she stuck with the agreement? |
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sherry_spangler2000
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| Posted: Wed Aug 12, 2009 8:38 pm Post subject: |
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| Quote: | | Can she do this or is she stuck with the agreement? |
Well, she's done it...What EXACTLY did they say that the release did NOT say? How did they lie to her? Is you mother not competent to handle business? What state are you in?
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Lori
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| Posted: Wed Aug 12, 2009 9:09 pm Post subject: |
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At face value, yes it's binding. It would not be your mothers responsiblity to prove in a court of law that there is some good reason why the agreement should not be upheld. That is, simply returning the check is not going to cut it.
As asked, what was she told that is different then the settlement? |
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tcope
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| Posted: Thu Aug 13, 2009 1:12 am Post subject: |
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What they told her was that she would still be able to file against the claim if she needed to for more time off of work due to the injuriess. What she signed was that she was finished and could not file any further action.
She is in Arizona.
The accident was in Colorado.
She is 70 years old and is very competent. Was just overwhelmed by 2 claims adjusters.
The insurance company was the same for both the vehicle that was hit and the vehicle that hit them.
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Sherry
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| Posted: Thu Aug 13, 2009 11:21 am Post subject: |
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| Quote: | | for more time off of work due to the injuriess |
Does she have PIP on her own policy or the car she was in or the state that this happened in? If so she wasn't lied to. So it happened in CO? She lives in AZ? Does she own a vehicle? Or was just a passenger in the vehicle of a friend? Either way what state does she own a vehicle or the vehicle she was in reside? (although all would have to conform to CO)..I'll check CO's rules..could be their PIP pays like this.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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