Miami, FL asked in Personal Injury and Car Accidents for Texas

Q: Can i reject a direct payment that was made using my debit card info from a medical adjuster for personal inuries?

I was involved in an accident in which my vehicle was totaled & the other driver & his insurance company admits fault.

The medical adjuster called me stating he'd cover all medical expenses up to 60 days of the date of the accident. In addition, he asked if he could send $1,000 directly to my account for personal inuries. I felt like he might be fast talking me into something I may regret later, so I tried calling him 2-3 times to let him know that I don't want him to send that payment to my account just yet, but each time it seemed like he couldn't hear me so I emailed him to let him know not to send it. Within that timeframe I received a text & email stating the payment had been sent to my account.

1 Lawyer Answer

A: A Texas attorney should advise here, but your question remains open for a week. It's a little difficult to determine from the post what you agreed to... first-party medical expenses or [as you say in the post], personal injuries. I can't speak for Texas medical expenses - I don't believe it is a no-fault jurisdiction. But if you mean you settled the person injury portion of your case over the phone, that usually involves the need for a release.

A Texas attorney could probably help you sort this out if you arranged a consult (it sounds like you may be handling your claim without an attorney) - an attorney will have questions about your conversation with adjuster and exactly what it was you agreed to, exactly what that $1,000 covers, what you mean by "fast talking'" - and what was contained in your text and email correspondences. Depending on what's at stake here, you could be in for a fight if the carrier is going to try to stand behind the phone agreement. But a Texas attorney could advise best, with additional details. Good luck

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