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Release of All Claims

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littlefish

Junior Member
What is the name of your state? Virginia

On 10-18-06 my car was rear-ended in North Carolina as we were yielding from the off ramp. My husband was driving - we were both belted, and we are VA residents. The impact caused me to go forward, then backward slamming against the headrest, then forward again. My head felt as if it were on fire and I felt the contents of my head slam against the back of my forehead. The lady that hit us asked me if I was hurt, at which I exclaimed that my head was on fire and I was afraid. She said she was sorry and claimed to not have insurance. She offered us $300 to leave, at which I responded - are you crazy? Then she offered $500 and would repair the bumper since she owned a dealership. I then told her that leaving the scene of an accident is a crime and we will do no such thing. I called 911 to report it, and left with an Exchange Slip. I contacted our agent to report it, and was advised to fax them a copy of the Exchange Slip and to call them if I do not hear from the other driver's Insurance Company. They also advised me to be examined just in case. I went to the hospital and was x-rayed which showed a mild sprain. I have supplied the other driver's agent with medical records pertaining to the accident, and all medical bills. The agent for the other driver sent me a Release of All Claims form, however after reading the legal verbage, thought it best not to sign. I called my agent and he advised me not to sign and call an attorney. Soon after the accident I developed an intense ringing in my ears. This ringing cannot be masked and has prevented me from having a good night's sleep. The ringing changes frequencies at random. I cannot afford an attorney, cannot sign the Release of All Claims and do not know what to do. The other driver's agent has paid for car repair and rental. The Release states they will pay the medical bills. There is nothing for my time away from running my business, nothing for any present or future medical problems. I did see an E.N.T. and was told I have hearing loss in both ears, however would have to seek physical therapy or chiropractic care to determine if the ringing is a result of the accident. All I know is that I slept like a baby before the accident, now I am lucky if I get 4 hours. Be advised the 4 hours is not all at one time. My nerves are shot, and I find myself crying over little or nothing these days. Can any of you instruct me as to how to respond to the Release of All Claims form? - Thank youWhat is the name of your state?
 


tranquility

Senior Member
If you actually have a personal injury case where you are not at fault and you have a lot of provable damages, finding an attorney is easy. You would get the attorney on contingency, where you pay from whatever settlement you get. If you can't find an attorney who will represent you, you probably have either:
1. A difficulty at proving fault.
2. A difficulty at proving damages or that damages were the result of the injury.
3. Not that much in damages.

Get an attorney. See more than one if needed. If you can't get one to represent you on contingency, you have a professional opinion about where this is going to end up.
 

ecmst12

Senior Member
Don't sign anything and consult with an attorney. If the other driver has insurance which is paying your bills (even though she originally told you she didn't have any?) then they can be pursued for pain and suffering.
 

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