QuestionQUESTION: Hi! Can the property damages be paid before the personal injury is settled or the property damages cannot be paid until the personal injury is settled or it will be added on when the claimant comes to the value of his personal injury after the injury case is settled? If the property damages can be paid before the personal injury is settled, Should the insurance immediately send the claimant a written agreement? If so, what is the name of that written agreement? In addition, when the personal injury is settled, what agreement will the insurance send to the claimant? Thank you for your answer.
ANSWER: Hi Luo,
The agreement the insurance company will try to get you to sign is called a RELEASE form. You should not sign a release form for the property damage until all of the repairs are completed and they have agreed to pay for all property damage related items, including;
1) The full cost of repairs
2) The cost of a rental car or loss of use payment
3) The diminished value of your vehicle
4) Any personal property in the vehicle that was damaged in the collision.
The property damage claim can be settled before the injury claim. The injury claim will only be settled after you have completed all treatment for injuries sustained in the collision. You should not sign an injury release form until you have received a settlement offer in writing that you understand and agree with.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Thank you for your answer. So I understand now from your answer. There are two release forms, property damage and personal injury. The insurance has settled with me for the property damage over the phone and by emails but has not sent me the property damage release form/agreement. Nor have they sent me offer checks yet. When should the insurance send me the offer checks, only after the property damage release form/agreement signed or as soon as both parties reach an agreement? Should I request the insurance send me the agreement or property release form after the settlement is reached over the phone and by emails?
AnswerHi Luo,
Not all insurance company will make you sign a release for the property damage. They will usually send an initial check based on the initial repair estimate or the value of the car if it is totalled.
As for the injury, they will not make any offers until you tell them that you are finished with all treatment. Then they will obtain all bills and records from your doctor and will make you an offer based on that.
I hope this helps
Richard Hixenbaugh
