nanna said:
state of Arizona. My friends and I were hit head on by a negligent 16 year old passing in a no-passing. I was the front passenger. The 16 y.o's policy limits are 15/30. My friends and I agreed to take 10,000 each, but plan to then go to our driver's underinsured 100,000/300,000 policy). The insurance company of the kid want us to sign a form releasing him from any further suit. We feel reluctant to sign this not knowing how well the underinsured policy will cover our damages. WE each suffered different, but significant injuries (some of which will be permanent). None of us are finished with medical treatment. It has been 6 months since the accident.
Should we sign the release?
[Edited by nanna on 02-25-2001 at 12:26 AM]
My response:
You've got your terms a little mixed up. Your driver's policy is not an "Underinsured" policy. You'd merely be making a claim against his policy of liability, if he was at fault.
Your friend, himself, would be making a claim against his own policy under the Underinsured portion of his policy; not you.
Whether or not you accept the other driver's insurance offer to settle, you haven't mentioned what your friend's / driver's liability is to you. What was his negligence in this matter ?
Since your friend probably wasn't negligent, he'll be the only one successful in claiming against his own policy of insurance - - not you; unless the evidence shows that your friend / driver was also negligent for your injuries.
Now, on the flip side of this coin, if you had your OWN policy of insurance, you can make a claim against that policy - - even though you weren't driving your own car. Your policy would cover you no matter what car you were driving, or in as a passenger.
If you didn't have your own policy of insurance, and your friend / driver was not at fault for this accident, then it is your friend / driver who will be the only one coming out on top - - monetarily speaking of course.
Do you have an attorney ?
IAAL