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Property Damage Release

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Tpamat

Junior Member
What is the name of your state (only U.S. law)?
California,

My Son was in a accident and the other drivers insurance company is taking full liability. They have agreed to send a check after I sign their standard release, however I do have a concern with the following sentence bleow.

"The Undersigned also agree to pay any private organizations that may have in the past or in the future make payments for expenses incurred on behalf of the above referenced accident, incident or property damage loss."

It seems to me this states the Undersigned (Me) agrees to pay any private organization (the Insurance Company) for any expenses incurred related to the referenced accident. So while they are compensating me for my loss of property, if down the road the other driver develops any physical ailments as a result of the accident I will be liable? Since any payments the insurance company makes to their client would be expenses incurred by a private organization and therefore I would be required to reimburse them. Am I interpreting this correctly? or is there another interpretation of the above?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)?
California,

My Son was in a accident and the other drivers insurance company is taking full liability. They have agreed to send a check after I sign their standard release, however I do have a concern with the following sentence bleow.

"The Undersigned also agree to pay any private organizations that may have in the past or in the future make payments for expenses incurred on behalf of the above referenced accident, incident or property damage loss."

It seems to me this states the Undersigned (Me) agrees to pay any private organization (the Insurance Company) for any expenses incurred related to the referenced accident. So while they are compensating me for my loss of property, if down the road the other driver develops any physical ailments as a result of the accident I will be liable? Since any payments the insurance company makes to their client would be expenses incurred by a private organization and therefore I would be required to reimburse them. Am I interpreting this correctly? or is there another interpretation of the above?
That is not what that means. What that means is that once they pay you, you are responsible for paying for getting the car fixed, paying for your son's medical expenses (or he is depending on his age) etc. In other words, you cannot accept a settlement from them and then expect them to pay other bills associated with the accident. It also means that if you used health insurance to cover the medical expenses to date, that if your insurer wants reimbursed, that again is your responsibility.

So, make sure that the settlement is enough to cover ALL medical expenses and car damage, not just your out of pocket.
 
B

Bryanbrown

Guest
First, you must consult with the lawyer and do not give any statement to the insurance company until you contact an auto accident attorney. You can get the claims for the property damage and for the injuries as well.
 

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