by Guest » Tue Apr 14, 2009 08:35 am
Hi Everyone. I was in a car accident where I was rear-ended at a complete stop at a 4 way intersection. I just received a settlement release for bodily injury and was worried that the last sentence meant that the other person could sue me if they wanted to even though they rear-ended me! The letter states: This release expressly reserves all rights of the person or persons, on whose behalf the payment is made and the rights of all persons in privity or connected to them, and reserves to them their right to pursue their legal remedies, if any, including but not limited to claims for contribution, property damage, and personal injury against the undersigned or those in privity or connected with the undersigned.- Also, on the last page to sign it has a place that says on the ___ day of _____ before me personally appeared__________________ acknowledged to me that ____ voluntarily executed same. Then it says: My term expires___, _____ Notary Public. Does anyone know if I am supposed to sign this or initial? There are no instructions on how to complete this car accident release form and I am confused. I am afraid that if I do not complete a portion that someone else will and i'll get myself in a bad spot. Someone please help! I can't afford any legal counseling and I'm afraid to get myself in trouble. Thanks in advance for anyone's help!
Posted: Tue Apr 14, 2009 11:03 am Post Subject:
You wouldn't receive the settlement amount if you don't sign the car accident release form. The release form is sent by the at-fault driver's insurer to safeguard the interest of its insured. The form states that by signing it you're giving up your rights to sue the individual in the future for the similar injuries. I see no harm in signing the release form since you are willing to settle. But make sure that its directed only for the BI claim and not include the PD claim.
Posted: Tue Apr 14, 2009 02:10 pm Post Subject:
The insurance company is paying you in order to settle your claim against the other person. It has nothing to do with anything else. As such, it's pointing this out. Yes, the car accident release form does not bar their insured from pursuing a claim against you and it should not. It certainly does not mean that their insured does have a valid claim against you... it's just pointing out that the release does not remove any rights their insured might have. It's standard.
Don't ask me how to fill out the end of the release... I get them all of the time and I can never figure out how they should be filled in! :lol: When you figure it out... let me know!
My recommendation is to either call the adjuster and ask (I hope its not me) and/or see if the notary can figure it out.
Posted: Wed Apr 15, 2009 04:43 am Post Subject: Thank you!
Thank you for all of the helpful replies. I will let you know when I find out how to complete the last portion. Seems as though I may have to ask the insurance adjuster!
Posted: Wed Apr 15, 2009 06:53 am Post Subject:
The last part of the car accident release form is where you are to have a notary sign and stamp it. It usually costs a couple bucks. Its like having a witness that you signed it.
“Also, on the last page to sign it has a place that says on the _15th__ day of __April 2009___ before me personally appeared__Solan B.____ acknowledged to me that __Solan B.__ voluntarily executed same. Then it says: My term expires_June__, __2010___ Notary Public.”
The notary fills it out and then stamps it.
Posted: Wed Mar 09, 2011 09:58 pm Post Subject: Hit--Run
Was invlovled in a hit/run deal--in the police report --officer only listed guys tage# but no info on driver or owner of vehicle--what must I do now to locate owner'driver--or find his insurance info--as I only had liabilty---state(not a No-Fault state)
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