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waiving right to sue

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nanna

Guest
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]
 


I AM ALWAYS LIABLE

Senior Member
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
 
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nanna

Guest
response to waiving right to sue

Thanks for the clarification of terms. I do have an attorney, but I'm always interested in another's advice.
My driver friend was not negligent and therefore not at fault. She does have an underinsured policy (300/500).

Did I understand you correctly that I will not receive benefit from her policy even though I was a passenger in her vehicle?

I do have underinsured on my own policy (100/300). did you mean that is the only policy I can recover monitarily from (in addition to the kid's policy?).

Finally, as asked in first post: In collecting the 10,000 from the kid's policy, should I agree to waive any further right to sue him? I'm still reluctant to do that not knowing what the fianl offer will be from the insurance.

FYI: all three of us (the kid, the driver of the vehicle, and myself ahve the same insurance company -- sticky, I know!)

thanks for the reply!
 

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