Release Of All Claims In Washington

[jesara]

About a year ago, I was rear-ended by a semi three times (yes, three times-he didn't see me and thought there was a problem with his truck). I went to the local clinic, and was diagnosed with back and neck injuries. I went to a chiropractor for weekly visits, as well as massage therapy. My insurance company covered all of this. Three months ago, an "independent" doctor evaluated me and I received a letter from my insurance company stating that I had reached my "maximum visitations" with the chiroprator. I continued going, though, and paying for the visits myself because I found my back hurt after work without the visits.
Yesterday, I received a letter from the trucking company's insurance company along with a 'Release of All Claims', stating a settlement amount ($10,866), as well as a 'Hold Harmless Agreement'. Basically, I'm a little intimidated by the forms and information, and I was also warned by a friend that the settlement money will first be used to repay my insurance company before the remainder would be given to me. I added up the amount that would go to my insurance company, and found that there is a little less than half left over. I'd like some advice as to how the original amount was established, and how I should procede from here. Any thoughts would be appreciated.

[ALogan]

I think you are wise to NOT sign anything without careful consideration. It sounds like they are trying to settle for an unfair price.

If you have not already done so, I would ask a few trusted health care professionals about your long term prognosis. I certainly hope it won't be true in your case, but a neck/back injury can be something that will continue to cause problems in the future and a settlement should consider that.

I'd also sugggest you have an attorney review your situation. If you are lucky, with proper documentation and professional assistance, you might be able to negotiate a better settlement.

Just curious--why couldn't the semi driver see you?

Best of luck to you!

[jesara]

Thank you for your advice! I definitely have a lot more to take into consideration than I had expected. In response to your question about the driver not seeing me, originally we were at a stop light, with two cars stopped in front of me, and the semi behind me. The first two cars took off right away when the light turned green, and the semi and I accelerated at the same pace. I noticed the truck was really close, and I kept trying to go faster to put a little distance between us. Eventually, we had both gained speed, but he was still just a few inches behind me. Honestly, I thought he was angry because I wasn't going fast enough and that he was following so close to get me to move faster, so I was shocked when he rammed into me. I floored it to get away, but he rammed into my car twice more before I managed to swerve off the road. That was when he saw me and pulled over, too. He was very apologetic, and explained that he thought I had taken off along with the first two cars, and he hadn't seen my car over the front of his semi. When he rammed into me, he thought the truck was having problems with the clutch. He felt very badly about the whole situation, called the police, and explained to them when they arrived that it was all his fault for not paying attention. I was just relieved that it was all a misunderstanding and not a case of road rage. From there, I went to the clinic, and eventually ended up with my current dilemma.