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Settlement offer with release

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My family was involved in an auto accident in which the other party was 100% at fault (fell asleep behind the wheel, swerved into our lane and hit us head on - police as witnesses).

 

We have three bodily injury claims against the at-fault driver's insurance company, one for myself, one for my husband, and one for our son.  We are now ready to settle the claims for my husband and son since they require no further medical attention (my claim needs to remain open as I am still receiving treatment).

 

The at-fault driver's insurance company sent us settlement offers for my husband and son, which we are fine with and wish to accept, but they come with release forms and before we sign the release I want to make sure that by signing them we're not dismissing our rights to my bodily injury claim or somehow allowing the insurance company to back-track and say "oh, well, we paid $10,000 to have your car repaired and you signed the release allowing our insured to deny fault, so we want the $10,000 we paid to the repair shop back" or some other unforseen complications. 

 

I'm having my own insurance adjuster look at the forms and okay them, but I'd also feel more comfortable getting some advice here since, to be honest, my insurance adjuster seems to do the bare minimum of everything and I don't consider her to be 100% knowledgeable.  Another set of eyes looking at them would make me feel a lot better, and I don't want to hire a lawyer out of the phone book to look at 2 pages of paper.  I'd attach the forms but I don't know how to omit personal information.  Is there someone knowledgeable in this area that wouldn't mind receiving the release forms via pdf to look them over for me?

 

Thanks in advance!

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I'm having my own insurance adjuster look at the forms and okay them, but I'd also feel more comfortable getting some advice here since, to be honest, my insurance adjuster seems to do the bare minimum of everything and I don't consider her to be 100% knowledgeable.

 

The job of an adjuster employed by your insurance company is to evaluate claims made against your insurance.  He/she is not your advocate and should have no involvement whatsoever in your claim against the other driver's insurance company.  I assume/hope that he/she simply offered to look at what you received from the other driver's insurer as a courtesy.

 

 

 

Is there someone knowledgeable in this area that wouldn't mind receiving the release forms via pdf to look them over for me?

 

Anyone on a message board who is competent to do this won't do it.  Nor should you rely on something you're told by an anonymous stranger on an Internet message board (who may or may not be a lawyer and may or may not be licensed to practice in your unidentified state).  If you want a reliable opinion about the scope of a release, hire a lawyer.  For that limited purpose, it shouldn't cost you much.

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You don't have to hire from a phone book, but ... you're misunderstanding the purpose of the message boards.  If you're not clear on the terms of the release(s), please take it to a local attorney for the limited-scope purpose of review (I'd pay an hour or two tops, just to make it worth their while).  You may need to go into it with understanding that a personal injury attorney vs. garden variety general civil litigation attorney may want to pitch you not to accept X, but I'd accept that as price of admission.  (They may say they can do better than, say, 2-3 times medical expenses for pain and suffering and they may be right, but you may not want to deal with all the nonsense related to hiring an attorney only to have to cough up 33-40% of the settlement.) 

You don't want a stranger on the internet to give you an opinion if you can't hold that person accountable for your decision to act on that opinion.

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The adjuster that was working my claim is no longer with the company so I was assigned a new one who seems much more knowledgeable and told me that the releases look like standard release forms (which was my primary concern, I didn't want to sign a non-standard release then have my claim dismissed because I signed it).  

 

The purpose of asking for an opinion is to take it just as it is, as an opinion.  If that opinion meshes with what other information I've figured out then I'm more comfortable than if I hadn't asked for an opinion at all.  

 

I've lurked here enough to know that certain people are very knowledgeable and helpful, and others are likely college kids pretending to be know-it-all-big-shots.  The purpose of a forum is that you get opinions and information from a variety of sources and then you have to weed through it and decide what to explore further and what to dismiss.  In the past I've gotten some really useful information that has pointed me in a direction to explore myself, I'd never take what someone here says at face value without corroborating the information with other sources, but sometimes people here can be very insightful and helpful in pointing out an angle to explore that maybe I hadn't considered - and while I know some people might come here and get an opinion and take it as solid legal advice, that's not my intent.

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The adjuster that was working my claim is no longer with the company so I was assigned a new one who seems much more knowledgeable and told me that the releases look like standard release forms (which was my primary concern, I didn't want to sign a non-standard release then have my claim dismissed because I signed it).

 

Whether the release is "standard" or "non-standard" has little to do with anything.  In either case, you might still release stuff you don't want to release.  You need to read it and see what it says or have a lawyer read it and advise you.

 

 

 

I've lurked here enough to know. . . .

 

That's all well and good, but you asked whether someone would review a PDF of the release.  Presumably, that would require an exchange of e-mail addresses.  As I said before, those who might be competent to do this won't.  The reason for that is because what you're asking for constitutes legal advice, which carries various implications in terms of an attorney-client relationship, etc.

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