the insurance company is telling me that i must sign a release of all claims in order to get the settlement. Is this true?
Total Comments: 12
Posted: Wed Jun 23, 2010 12:49 am Post Subject:
Yes. Once you settle, you release them from all claims.
Posted: Wed Jun 23, 2010 11:39 am Post Subject:
yep...if you are not prepared to sign a release (and get your money) at this time, then wait until you are ready. Of course remaining mindful of your states SOL.
Posted: Wed Jun 23, 2010 10:23 pm Post Subject:
As its name indicates, a release of claim is an acknowledgment that there is nothing else left to be compensated for. If that's not the case, you would be ill-advised to sign the form. As for statute of limitations for filing a legal claim (civil suit), that could be between one and two years depending on the state.
Posted: Thu Jun 24, 2010 09:17 pm Post Subject:
that could be between one and two years depending on the state.
or more :wink:
Alabama 2 years
Title 6, Ch. 2, 6-2-38
State Website Link
Alaska 2 years
Sec. 9.10.070
State Website Link
Arizona 2 years
Title 12, Article 3, Sec. 12-542
State Website Link
Arkansas 3 years
Secs. 16-56-104, 16-56-105, 16-114-203, 16-62-102
State Website Link
California 2 years
Code of Civ. Proc. Sec. 335.1, 340
State Website Link
Colorado 2 years
Colo. Rev. Stat. Sec. 13-80-102
State Website Link
Connecticut 2 years
Conn. Gen. State. Sec. 52-584
State Website Link
Delaware 2 years
Title 10, Ch. 81, Sec. 8119
State Website Link
DC 3 years
Title 12, Ch. 3, Sec. 12-301
State Website Link
Florida 4 years
Title 8, Ch. 95, Sec. 95.11
State Website Link
Georgia 2 years
Sec. 9-3-33
State Website Link
Hawaii 2 years
Rev. Stat. Sec. 657.7
State Website Link
Idaho 2 years
Title 5, Ch. 2, Sec. 5-219
State Website Link
Illinois 2 years
Ch. 735, Act 5, Art 13, Sec. 13-202
State Website Link
Indiana 2 years
Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4
State Website Link
Iowa 2 years
Chapter 614, Section 614.1
State Website Link
Kansas 2 years
Chapter 60, Art 5, Sec. 60-513
State Website Link
Kentucky 1 year
Title 36, Chapter 413, Sec. 413.140
State Website Link
Louisiana 1 year
Ci. Code. Art. 3492
State Website Link
Maine 6 years
Title 14,Part 2, Ch. 205, Sub. 1, Sec. 752
State Website Link
Maryland 3 years
Courts and Judicial Proceedings, Sec. 5-101
State Website Link
Massachusetts 3 years
Title 5, Ch. 260, Secs. 2A and 4
State Website Link
Michigan 3 years
Chapter 600, Act 236, Ch. 58, Sec. 600.5805, number 9
State Website Link
Minnesota 2 years
Ch. 541, Sec 541.05, 541.07
State Website Link
Mississippi 3 years
Title 15, Ch. 1, Sec. 15-1-49
State Website Link
Missouri 5 years
Title 35, Ch. 516, Sec. 516.120
State Website Link
Montana 3 years
Title 27, Ch. 2, 27-2-204 and 27-2-207
State Website Link
Nebraska 4 years
Title 25, Section 207, 25-207
State Website Link
Nevada 2 years
Chapter 11, Sec 11.190
State Website Link
New Hampshire 3 years
Chapter 508, Sec. 508.4
State Website Link
New Jersey 2 years
Title 2A, Ch. 14, Sec. 2A:14-2
State Website Link
New Mexico 3 years
Ch. 37, Art. 1, Sec. 37-1-8
State Website Link
New York 3 years
Civil Practice Laws and Rules, Art. 2, Sec. 214
State Website Link
N. Carolina 3 years
Title 1, Section 1-52
State Website Link
N. Dakota 6 years; 2 years in wrongful death
Title 28, Ch. 1, Secs. 28-01-16 and 28-01-18
State Website Link
Ohio 2 years
Title 23, Ch. 5, Sec. 2305.10
State Website Link
Oklahoma 2 years
Title 12, Ch. 3, Sec. 95
State Website Link
Oregon 2 years
Ch. 12, Sec. 12.110
State Website Link
Pennsylvania 2 years
42 PA Con. Stat. Section 5524
State Website Link
Rhode Island 3 years
Title 9, Ch. 1, Sec. 9-1-14
State Website Link
S. Carolina 3 years
Title 15, Ch. 3, Sec. 15-3-530
State Website Link
S. Dakota 3 years
Title 15, Ch. 2, Sec. 15-2-14
State Website Link
Tennessee 1 year
Title 28, Ch. 3, Sec. 28-3-104
State Website Link
Texas 2 years
Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003
State Website Link
Utah 4 years
Title 78, Ch. 12, Sec. 78-12-25
State Website Link
Vermont 3 years
Title 12, Part 2, Ch. 23, Subch. 2, Sec. 512
State Website Link
Virginia 2 years
Title 8.01, Ch. 4, Sec. 8.01-243
State Website Link
Washington 3 years
Title 4, Ch. 16, Sec. 4.16.080
State Website Link
West Virginia 2 years
Title 55, Ch. 2, Sec. 55-2-12
State Website Link
Wisconsin 3 years
Chapter 893, Sec. 893.54
State Website Link
Wyoming 4 years
Posted: Fri Jun 25, 2010 02:55 pm Post Subject:
Great info, Lori! 6 years in North Dakota is amazing! Wonder how difficult it makes for a successful civil suit -- lapse of memory, deaths of witnesses, loss of records/evidence, etc.??
Posted: Fri Jun 25, 2010 10:31 pm Post Subject:
yeah, it's five in my state and 10 I think for anything to do with a contract..sure doesn't seem to affect anyone's memory in my state :wink: :roll:
Posted: Sat Jun 26, 2010 11:46 am Post Subject:
sure doesn't seem to affect anyone's memory in my state
You can say that again! :lol:
Posted: Tue Jul 06, 2010 05:52 pm Post Subject: relase of claims
Should a person sign the release of claims before they receive the money or and they wait until after?
Posted: Tue Jul 06, 2010 09:45 pm Post Subject:
Well, it's usually a legistic thing if you can't meet with the adjuster and sign the release and they hand you the draft... this isn't always possible....maybe, you are six states away, and it has to be done by mail.
On the other hand, the carrier will not/ cannot release the money (in most cases) without the release being signed FIRST.
The release should lay out all the information including the amount, if this is being done by mail, then sign the release (MAKE A COPY OF IT) and return it. Then if you don't get your money, you'll have a back up to prove this is the amount you agreed upon etc.
If you are still a little leary about it, ask the adjuster (again, assuming there are no adjusters in your area), if they can send the release AND the draft to a local agents office (if there is one) and you can go there, sign release and pick up the draft.
Posted: Thu Jul 15, 2010 03:46 am Post Subject: Release of Claims
I have a more specific question about the auto insur relese form . . . the other driver's insurance wants me to NOT pursue the other driver in ANY way in exchange for my claim amount. However, I sustained injuries and I may not be done with the other driver. I haven't yet decided on suing her personally. I have bills that exceed both our policies. I understand not holding the insurance company for future expenses, but this release form wants me to release the other driver personally. Do I not get any reimbursement if I don't sign?
Posted: Wed Jun 23, 2010 12:49 am Post Subject:
Yes. Once you settle, you release them from all claims.
Posted: Wed Jun 23, 2010 11:39 am Post Subject:
yep...if you are not prepared to sign a release (and get your money) at this time, then wait until you are ready. Of course remaining mindful of your states SOL.
Posted: Wed Jun 23, 2010 10:23 pm Post Subject:
As its name indicates, a release of claim is an acknowledgment that there is nothing else left to be compensated for. If that's not the case, you would be ill-advised to sign the form. As for statute of limitations for filing a legal claim (civil suit), that could be between one and two years depending on the state.
Posted: Thu Jun 24, 2010 09:17 pm Post Subject:
that could be between one and two years depending on the state.
or more :wink:Alabama 2 years
Title 6, Ch. 2, 6-2-38
State Website Link
Alaska 2 years
Sec. 9.10.070
State Website Link
Arizona 2 years
Title 12, Article 3, Sec. 12-542
State Website Link
Arkansas 3 years
Secs. 16-56-104, 16-56-105, 16-114-203, 16-62-102
State Website Link
California 2 years
Code of Civ. Proc. Sec. 335.1, 340
State Website Link
Colorado 2 years
Colo. Rev. Stat. Sec. 13-80-102
State Website Link
Connecticut 2 years
Conn. Gen. State. Sec. 52-584
State Website Link
Delaware 2 years
Title 10, Ch. 81, Sec. 8119
State Website Link
DC 3 years
Title 12, Ch. 3, Sec. 12-301
State Website Link
Florida 4 years
Title 8, Ch. 95, Sec. 95.11
State Website Link
Georgia 2 years
Sec. 9-3-33
State Website Link
Hawaii 2 years
Rev. Stat. Sec. 657.7
State Website Link
Idaho 2 years
Title 5, Ch. 2, Sec. 5-219
State Website Link
Illinois 2 years
Ch. 735, Act 5, Art 13, Sec. 13-202
State Website Link
Indiana 2 years
Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4
State Website Link
Iowa 2 years
Chapter 614, Section 614.1
State Website Link
Kansas 2 years
Chapter 60, Art 5, Sec. 60-513
State Website Link
Kentucky 1 year
Title 36, Chapter 413, Sec. 413.140
State Website Link
Louisiana 1 year
Ci. Code. Art. 3492
State Website Link
Maine 6 years
Title 14,Part 2, Ch. 205, Sub. 1, Sec. 752
State Website Link
Maryland 3 years
Courts and Judicial Proceedings, Sec. 5-101
State Website Link
Massachusetts 3 years
Title 5, Ch. 260, Secs. 2A and 4
State Website Link
Michigan 3 years
Chapter 600, Act 236, Ch. 58, Sec. 600.5805, number 9
State Website Link
Minnesota 2 years
Ch. 541, Sec 541.05, 541.07
State Website Link
Mississippi 3 years
Title 15, Ch. 1, Sec. 15-1-49
State Website Link
Missouri 5 years
Title 35, Ch. 516, Sec. 516.120
State Website Link
Montana 3 years
Title 27, Ch. 2, 27-2-204 and 27-2-207
State Website Link
Nebraska 4 years
Title 25, Section 207, 25-207
State Website Link
Nevada 2 years
Chapter 11, Sec 11.190
State Website Link
New Hampshire 3 years
Chapter 508, Sec. 508.4
State Website Link
New Jersey 2 years
Title 2A, Ch. 14, Sec. 2A:14-2
State Website Link
New Mexico 3 years
Ch. 37, Art. 1, Sec. 37-1-8
State Website Link
New York 3 years
Civil Practice Laws and Rules, Art. 2, Sec. 214
State Website Link
N. Carolina 3 years
Title 1, Section 1-52
State Website Link
N. Dakota 6 years; 2 years in wrongful death
Title 28, Ch. 1, Secs. 28-01-16 and 28-01-18
State Website Link
Ohio 2 years
Title 23, Ch. 5, Sec. 2305.10
State Website Link
Oklahoma 2 years
Title 12, Ch. 3, Sec. 95
State Website Link
Oregon 2 years
Ch. 12, Sec. 12.110
State Website Link
Pennsylvania 2 years
42 PA Con. Stat. Section 5524
State Website Link
Rhode Island 3 years
Title 9, Ch. 1, Sec. 9-1-14
State Website Link
S. Carolina 3 years
Title 15, Ch. 3, Sec. 15-3-530
State Website Link
S. Dakota 3 years
Title 15, Ch. 2, Sec. 15-2-14
State Website Link
Tennessee 1 year
Title 28, Ch. 3, Sec. 28-3-104
State Website Link
Texas 2 years
Civ. Prac. & Rem Code, Title 2, Ch. 16, Sec. 16.003
State Website Link
Utah 4 years
Title 78, Ch. 12, Sec. 78-12-25
State Website Link
Vermont 3 years
Title 12, Part 2, Ch. 23, Subch. 2, Sec. 512
State Website Link
Virginia 2 years
Title 8.01, Ch. 4, Sec. 8.01-243
State Website Link
Washington 3 years
Title 4, Ch. 16, Sec. 4.16.080
State Website Link
West Virginia 2 years
Title 55, Ch. 2, Sec. 55-2-12
State Website Link
Wisconsin 3 years
Chapter 893, Sec. 893.54
State Website Link
Wyoming 4 years
Posted: Fri Jun 25, 2010 02:55 pm Post Subject:
Great info, Lori! 6 years in North Dakota is amazing! Wonder how difficult it makes for a successful civil suit -- lapse of memory, deaths of witnesses, loss of records/evidence, etc.??
Posted: Fri Jun 25, 2010 10:31 pm Post Subject:
yeah, it's five in my state and 10 I think for anything to do with a contract..sure doesn't seem to affect anyone's memory in my state :wink: :roll:
Posted: Sat Jun 26, 2010 11:46 am Post Subject:
sure doesn't seem to affect anyone's memory in my state
You can say that again! :lol:
Posted: Tue Jul 06, 2010 05:52 pm Post Subject: relase of claims
Should a person sign the release of claims before they receive the money or and they wait until after?
Posted: Tue Jul 06, 2010 09:45 pm Post Subject:
Well, it's usually a legistic thing if you can't meet with the adjuster and sign the release and they hand you the draft... this isn't always possible....maybe, you are six states away, and it has to be done by mail.
On the other hand, the carrier will not/ cannot release the money (in most cases) without the release being signed FIRST.
The release should lay out all the information including the amount, if this is being done by mail, then sign the release (MAKE A COPY OF IT) and return it. Then if you don't get your money, you'll have a back up to prove this is the amount you agreed upon etc.
If you are still a little leary about it, ask the adjuster (again, assuming there are no adjusters in your area), if they can send the release AND the draft to a local agents office (if there is one) and you can go there, sign release and pick up the draft.
Posted: Thu Jul 15, 2010 03:46 am Post Subject: Release of Claims
I have a more specific question about the auto insur relese form . . . the other driver's insurance wants me to NOT pursue the other driver in ANY way in exchange for my claim amount. However, I sustained injuries and I may not be done with the other driver. I haven't yet decided on suing her personally. I have bills that exceed both our policies. I understand not holding the insurance company for future expenses, but this release form wants me to release the other driver personally. Do I not get any reimbursement if I don't sign?
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