QuestionSettlement Release for Bodily injury claim letterhead has Release does not have Insurance Company name on text or on Letterhead. It states release forever .... and later says and particularly on account of all injuries known and unknown both to person and property which have resulted or may in the future develop from an accident etc.
It also expressly reserves all rights of the parties to pursue their legal remedies if any against the undersigned etc.
No where does it mention this is for just a Bodily or personal injury settlement only. also was a bit concern about rights of the parties to later sue me. Call insurance carrier and an adjuster told me they could include just after the amount the wording for bodily injury, he also noted this was their standard form and could not be changed??? Can you help advise
AnswerA settlement is just that. If the release says it, and you sign it, then it is so. The relase CAN be changed. It is a negotiation just like any other part of a settlement. There are standard forms that are used which are intended to protect the insurance company from further liability. There should be an injury release and a separate property damage release unless the property damage part has already been settled, then a general release would be needed.
This questions, although one I can answer, is for an attorney. If you don't understand the release or can't draft an effective one, you need an attorney to help. My suggestion is to read the release and change it to read exactly how you intend to release the released parties.
The law of construction of contracts governs, so it can be a bit complicated to answer this type of question. I'm sorry it's so confusing, but the simple answer is: "Read it, and if it doesn't say what you agree to, don't sign it, but alter it until it says what you agree to."
Justin
