Need advice on settlement offer for bodily injury from auto accident?
Wednesday, February 17th, 2010 at
4:42 pm
MDS1279 asked:
I received a check and release form from the at-fault driver’s insurance company. I want to accept the check, as I do not forsee future medical costs associated buy antibiotics online no prescription with the accident. HOWEVER, the wording/language of the release seems vague/too broad…it mentions a full release and mentions property damage. The vehicle is currently being repaired at a body shop and they have me in a rental car. If I sign this release, will they stop work on the vehicle and so forth? My only concern here is that I get my vehicle body repairs completed…I do not want to do anything to jeopardize that or release them from that particular part of the claim. Has anyone received offers like this before and signed them? What were the results? I may meet with an attorney and pay for 30 minutes of consultation time to have the document reviewed, just to be safe…and/or write on the release that I am not releasing them from the obligation to repair my vehicle. Any advice on this? Other recommendations?
I received a check and release form from the at-fault driver’s insurance company. I want to accept the check, as I do not forsee future medical costs associated buy antibiotics online no prescription with the accident. HOWEVER, the wording/language of the release seems vague/too broad…it mentions a full release and mentions property damage. The vehicle is currently being repaired at a body shop and they have me in a rental car. If I sign this release, will they stop work on the vehicle and so forth? My only concern here is that I get my vehicle body repairs completed…I do not want to do anything to jeopardize that or release them from that particular part of the claim. Has anyone received offers like this before and signed them? What were the results? I may meet with an attorney and pay for 30 minutes of consultation time to have the document reviewed, just to be safe…and/or write on the release that I am not releasing them from the obligation to repair my vehicle. Any advice on this? Other recommendations?
What about lost time from work and pain and suffering? was this included in the check?
Let me warn you first of all: You will get a ton of answers on here from uneducated people.
That release you have right now.. is ONLY for bodily injury. I repeat, ONLY for bodily injury. It has nothing to dow ith property damage- that is simply mentioned in there.
I know everyone thinks its the big bad insurance companies but come on.. you really think they are trying to trick you into stopping repairs on your car halfway? Could you imagine the lawsuits.
I dont recommend you go to the attorney. There job is to convince you that you need their help so they can profit.
You should like you are ok now. If you are comfortable taking that amount and knowing you cannot collect anymore thereafter… you are FINE to sign the release.
Im promise they arent out to get you!
You really do not have anything to worry about by signing the release as long as you satisfied with the numbers on the injury portion of the claim. No insurance company is going to mess with your car repairs. It is not worth the sh!tstorm that will result.
If you are really concerned about this I suggest that the following;
1 – Don’t sign the until the car is done and the body shop has been paid. DO NOT cash the check in the meantime.
2. Call the adjuster and ask if you can alter the release and add a sentence such has It is agreed by all parties that this release does not pertain to any unpaid claims for vehicle damages or car rental exspense.
Good Luck
What does the title of the release say? It may read something like, Release of all Claims–Bodily Injury, or something along these lines. The release is specific to injury claims, even if there is a reference to property damage. The release has to use specific wording specific to your state, in other words, it can not be against public policy nor can it violate the laws of the state the accident happened in. Your property damage is a seperate claim of damage and if a release is warranted for that a seperate release specific to your vehicle repairs will be presented to you for signing.
If you are not going to sign the release then you are not able to cash the check. Even without signing the release, cashing of the check is the same as if you had signed the release.
This sounds like a standard release — meaning that property is handled seperately from the injury claim. Call the adjuster if you want to make sure. WARNING: if you ask a lawyer you will be filled with horror stories ad nausium and he will convince you to let him ‘handle’ this for you. The result will be months of squabbling, and whining with the end result being he takes 40% of the original offer.