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Release of indemnity agreement

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Ramsey1973

Junior Member
California:
My Fiance was rear ended and both of her children 4 and 6 had to be seen and released at the local ER. We received a offer from the other persons insurance company and it seems pretty straight forward on the release and indemnity agreement for the children except one part of the wording strikes me funny. It says:
" It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed and an admission of liability on the part of (the other parties name), by whom liability is expressly denied."

So does this mean he is released from liability of the accident when he clearly stated it was his fault when it happened. My fiance is still dealing with her pain issues and the other parties insurance so we do not want to sign something that will later look like we said this was no fault of the other guy. Any assistance would be greatly appreciated.
 


justalayman

Senior Member
all it means is the insurance company is willing to pay the claim but in doing so, they are not admitting their client nor themselves are liable. It prevents you from trying to use their payment of this claim as evidence of their acceptance of liability should there be any future claims from you.
 

Ramsey1973

Junior Member
But will this effect when her settlement or offer comes around when ever it does? There is a letter for each child but hers is ongoing from physical therapy and such. I just don't want her to sign anything and them say everything is closed because she signed. If I am not mistaken these two letters are specific to each of her kids and separate from anything that has to do with her medical and settlement. Correct me if I am wrong please.
 

justalayman

Senior Member
well, I haven't read the entire letter so I would have to accept your understanding of whose injuries it is addressing. If in doubt, you should take it to a local attorney and have them read it and render an opinion.
 

ecmst12

Senior Member
It should be VERY clear who the release is for. And obviously anyone who having ongoing treatment shouldn't be releasing anyone.
 

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