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A Reason to Get An Attorney Before you Settle

November 4, 2005 by Jonathan Stein

People sometimes try to settle their claims themselves without getting an attorney. They figure they will save some of the costs and fees. But, it doesnt always go right.

I read an email today from a person who settled his claim with the insurance company. He then received a bill from the doctor who treated him in the emergency room. Apparently, he did not know that the hospital and the doctor bill separately. He now wants to send it to the insurance company for payment.

The insurance company will not pay this bill. He signed a release. A release means that you are settling your case and are not going to pursue them any further. Most releases say that if you do pursue them, you have to pay their attorneys fees. While there are circumstances where you may be able to go back, most insurance companies have language that gets around this.

Had he retained an attorney, or at least consulted with an attorney, he would have known that there would be another bill coming. He then would have waited before settlement. Now, it appears that he is out of luck.

Moral: consult with an attorney before you sign any legal papers – especially after a car accident.

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