Daughter in accident, Settlement/Signing papers?

[TheArtist]

We live in Idaho. My daughter was a passenger in a rear end collission. Fault being the rear-enders. My daughter had slight head and neck injuries and was payed a settlement for the bills, lost wages and pain and suffering. Not much but more than expected. We are being asked to sign papers (by their insurance company)that state she will not sue later and that the responsible driver does not admit to being at fault. It also states my daughter has two years to change her mind and take the case to court. Is this normal procedure and something we have to sign?

 

[I AM ALWAYS LIABLE]

We live in Idaho. My daughter was a passenger in a rear end collission. Fault being the rear-enders. My daughter had slight head and neck injuries and was payed a settlement for the bills, lost wages and pain and suffering. Not much but more than expected. We are being asked to sign papers (by their insurance company)that state she will not sue later and that the responsible driver does not admit to being at fault. It also states my daughter has two years to change her mind and take the case to court. Is this normal procedure and something we have to sign?

My response:

You and your daughter are being asked to sign a "Release of All Claims". The Release explains that settlement is based upon your agreement that liability is being disputed. That's normal, because until such time as a judge says someone is liable, they aren't liable. Obviously then, it is both of your desire to settle this matter without going to court.

However, what puzzles me at this point is your statement that she has 2 years to "change her mind". I can only imagine that the Release is saying that you don't have to settle, that you aren't required to sign. That if you don't sign, your Statute of Limitations to file a lawsuit is 2 years. However, once you both sign and accept the money, it's over, forever. There's no going back later to re-open this claim.

Sometimes, I have to sit back and scratch my head and wonder how people insist on negotiating their own claims, and settling their own claims, when the insurance company has such an advantage; e.g., they know the law, you don't. They know how much the average unrepresented person will settle for, and you don't. They know just the right questions to ask, and you don't.

Just remember, no matter what happens to your daughter in terms of future medical problems, don't even think of going back to the insurance company. They will turn a deaf ear to you.

For the sake of your daughter, you really should turn this matter over to an experienced Personal Injury attorney for review, recommendation, and perhaps, potential representation. You see, even if you have to pay the attorney, if the attorney is able to get more money for your daughter, your daughter may, after attorney's fee, "net" more money in her pocket than what you are considering to settle for today.

Good luck to you.

IAAL

 

[TheArtist]

Thanks for the advice

Thank you for the advice. We have cashed the check and assume it's over now. We will sign the papers and mail them back knowing we will not be able to do anything else but also knowing that she is fine and our bills are paid. I am actually quite shocked that some people go for the gold in these situations. They should be ashamed. I do believe insurance companies to be a major rip off and so when necessary you should get your share of the pot but dishonesty is abundant in this area and we all pay the cost for that.

 

[I AM ALWAYS LIABLE]

My response:

That's what insurance companies are hoping that you believe.

When an unrepresented person settles their own claim, the insurance adjuster laughs all the way to the bank with a commission check. That's because the adjuster's supervisor had put a "Reserve" amount on the claim, say for example, $20,000.00 (the maximum amount they can expect to lose). When the adjuster settles that claim for, say $10,000.00, then the adjuster gets a commission check on the $10,000.00 that the insurance company saved. That $20,000.00 should have been yours.

And, it's not dishonest to get everything that you are LEGALLY entitled to obtain. That's why there are judges and juries.

I hope you got everything you and your daughter were "Legally" entitled to receive. My guess is, you didn't - - but, right now, you "think" you did.

Good luck to you.

IAAL