Disagreement with a clause

[vbbill43]

I have agreed upon a settlement amount and they sent me the release form to sign. However, they included a clause that would allow their client to sue me for an accident that the client caused. My questions are:
(1) Can I ask them to remove the clause?
(2) What does a Claims Release form include?
State of Virginia


[Edited by vbbill43 on 01-23-2001 at 12:22 PM]

 

[I AM ALWAYS LIABLE]

I have agreed upon a settlement amount and they sent me the release form to sign. However, they included a clause that would allow their client to sue me for an accident that the client caused. My questions are:
(1) Can I ask them to remove the clause?
(2) What does a Claims Release form include?
State of Virginia

My response:

Such a "Release" will allow their insured to sue you.

You write a very nice letter to the adjuster saying that a "unilateral Release" is unacceptable, and that any settlement SHALL be based upon a "mutual release" of all claims; otherwise, you'll be forced to hire an attorney (which is something you should have already done), and the matter will, unfortunately, move forward into the litigation process.

Kindly ask for a new Release form that has "mutual release" language. Give them 10 days to comply. When they don't, see an attorney.

Good luck to you.

IAAL