"Release of All Claims", et al

[CitrusPJ]

I'm close to settling my claim against the insurance company of the driver at fault in an accident that took place 7 weeks ago. My car was totalled. I have injuries that are being treated by a Chiropractor. My 11 year old son was not physically injured, but he is being compensated for emotional trauma and continued fear of other vehicles while he's in a car.

I have had to deal with 2 adjustors for this claim which has been a nuisance from the start (I wont go into the gory details). One adjustor handles the personal injury side of the claim, another the property loss.

My son's personal injury settlement is stated in a form called "Parents-Guardian Release and Indemnity Agreement", which has to be signed by me and witnessed.

My personal injury settlement is stated on a form called "Release of All Claims", which has to be signed by me, witnessed and notarized.

The property damage settlement is stated on a form called "Release of Property Damage Claim", which has to be signed by me and witnessed.

There are no signature lines for anyone else. The insurance company should sign something that states all these amounts as well, shouldn't they?

Are these "standard" forms used by the industry? The language (statements) made on the forms do not seem to totally address my particular accident.

I dont like that each one of these forms states, "It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that payment made is not to be construed as an admission of liability on the part of the party... " etc. That statement is so ridiculously FALSE (for my particular claim anyway).

I also dont like that each form states, "... that this Release contains the entire agreement between the parties hereto..."

What if one or two of these forms became "misplaced" after I've signed and sent them back? I have to send the injury release forms to one guy.. the property release to another.

I would obviously make copies of anything I sign and return. But, I can easily visualize myself having to prove the authenticity of copies of forms I have, but that do not "seem" to exist, at the insurance company. Although only one form has a spot for notary, could I get the other two notarized as well just for my own peace of mind?

Thanks.

 

[lars coltrane]

The insurance carrier will happily send you the money after you return the signed releases. They know that once signed, you can NEVER get any additional money out of them as a result of this accident. For example, after you have signed the release, your right arm fell off. Even if every doctor in the world said that it fell off due to the accident, because you are signing a full and final release, you get nothing.

The language you describe sounds like usual and customary language. However, why don't you talk or meet with an attorney to discuss your accident, your injuries and the settlement offer. You may find that you are getting screwed or that you did a good job on your own. But don't sign the release if there is any doubt in your mind about the extent of your injuries. Once signed and returned, you get no more money, ever. (at least to prove otherwise really requires unique facts which are not present in your case).

 

[CitrusPJ]

WHY do you assume I didn't talk with an attorney? I DID. Two, as a matter of fact, in order to get a second opinion! Each at $25 per hour (for which each only spent about 10 minutes with me). Both lawyers (different firms) agreed that the amount I had asked for from the insurance company - and the amount they offered in settlement, was pretty fair, due to the minor injuries involved.

I also spent 4 days on the internet reading, downloading and printing for reference sections of the following: Code of Civil Procedure, Insurance Code, Vehicle Code, Civil Code, parts of the Government Code and Public Contracts Code - for the state of California.

Having done research - as EVERYONE should do (attorney hired or not), I was able to make the proper demands, and say the right words to let them know they weren't dealing with an idiot. The Insurance company settled for about 95% of what I asked for.

My question was regarding the forms. I could not find any info anywhere regarding the differing RELEASE forms out there. If so, I wouldn't be typing this now. Sure, I can go back to one of the lawyers, and wait out in the lobby for another hour before I'm seen. I was just hoping maybe someone here could answer these FINAL questions for me regarding the RELEASE FORMS.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by CitrusPJ:
WHY do you assume I didn't talk with an attorney? I DID. Two, as a matter of fact, in order to get a second opinion! Each at $25 per hour (for which each only spent about 10 minutes with me). Both lawyers (different firms) agreed that the amount I had asked for from the insurance company - and the amount they offered in settlement, was pretty fair, due to the minor injuries involved.

I also spent 4 days on the internet reading, downloading and printing for reference sections of the following: Code of Civil Procedure, Insurance Code, Vehicle Code, Civil Code, parts of the Government Code and Public Contracts Code - for the state of California.

Having done research - as EVERYONE should do (attorney hired or not), I was able to make the proper demands, and say the right words to let them know they weren't dealing with an idiot. The Insurance company settled for about 95% of what I asked for.

My question was regarding the forms. I could not find any info anywhere regarding the differing RELEASE forms out there. If so, I wouldn't be typing this now. Sure, I can go back to one of the lawyers, and wait out in the lobby for another hour before I'm seen. I was just hoping maybe someone here could answer these FINAL questions for me regarding the RELEASE FORMS.<HR></BLOCKQUOTE>


My response:

I tell you what - - you can get your answers elsewhere. We'll leave you alone.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lars coltrane]

Little too much hostility for me too. I think IAAL nailed it.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by lars coltrane:
Little too much hostility for me too. I think IAAL nailed it.<HR></BLOCKQUOTE>

My response:

I don't "cotton" to people getting a "smart mouth" with one of my favorite people on this site; and that's you, Lars.

Here, we're giving our time, and doing our best, and then this person starts to get hostile. It's not a matter of whether you made a mistake in his eyes, or not. If he felt something was wrong, or missing, he could have NICELY pointed that out, and I'm sure you would have clarified, if clarification was even necessary.

If he wants to take on someone, he can take me on . . . not one of the best, and most respected, volunteers we have.

Great to have you back, Lars !!

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited May 09, 2000).]

 

[CitrusPJ]

Hostile? I was hostile? In what way? I didn't mean to be hostile - I was just giving more info thats all. Geez.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by CitrusPJ:
Hostile? I was hostile? In what way? I didn't mean to be hostile - I was just giving more info thats all. Geez.<HR></BLOCKQUOTE>


My response:

When you start capitalizing words, and questioning logical assumptions, misunderstandings take place. Capital letters, in Internet lingo, means you are "yelling." We don't like that; especially when we give our time and expertise for free.

For example, these are just two of your untoward statements:

"WHY do you assume I didn't talk with an attorney? I DID."

"I was just hoping maybe someone here could answer these FINAL questions for me regarding the RELEASE FORMS."

Certain assumptions must be made, and logically so. Otherwise, we'd be here all day in a "back and forth marathon."

Mr. Coltrane, in the absense of certain information, had to make these logical assumptions, and he, nor I, like to be YELLED at when a logical assumption is made. If something is wrong, or information needs clarification, tell us and we'll adjust our suggestions to conform to your needs.

Since you are obviously frustrated, and are making demands, we feel it would be to our mutual satisfaction that you look for your answers elsewhere.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[lars coltrane]

Stated like the true scholar that you are.

Thanks for your kind words.

 

[CitrusPJ]

The first response to my post contained "NEVER" (I thought to stress a point) that is why I stressed my words with caps as well. I do apologize for the misunderstanding.

None of you were able to help me much on my particular questions. Perhaps that is why you got so involved in just putting me down.

No reply is necessary. I wont be coming back.