Auto Insurance Claims: 75% 25%, liability dispute and settlements

Question
at a red light,it turns green, a truck in the right turn only lane darts into my straight lane hitting the front quarter of my vehicle. which pushed me into another lane/vehicle. the insurance company has bartered from 50/50 liability to 75/25%. Question is if I accept the settlement of 25% at fault, can the third party{innocent bystandard} later sue me for 25% of his damages   ??

Answer
Rusty,

  This may seem like a simple question, but let me explain. . . .

  1.  When one settles a case on a negotiated percentage, there is usually a release involved.  The release will state that the settlement is not an admission of liability by any party, so it leaves the liability alone.  If the release doesn't say that, then I would question it.  Essentially, a settlement like what you are describing is really a "covenant to not sue".  You have agreed not to sue if they pay you 75% of your damages.  If you do sue, they pull out the release and your case is over.    


  2.  Remember that anybody can sue anybody for anything (whether they will win is a different story).  If the innocent party wants to sue you for 25%, they can.  But, you can still argue that you were not at fault, even if you settled for less than 100% of your damages with the negligent party.


  I hope this helps!