Auto Insurance Claims: Release of claim question, negligence defense, comparative negligence

Question
To settle a claim for damages related to an auto accident, the other party's insurance company has sent me a Release of Claim form to sign.  Included in the text is a statement 'This settlement is made without the written consent of (insured)who are not thereby precluded from further assertion of claims against undersigned.'  Is this typical of release of claims?  Is written consent of the insured party necessary for this claim to be settled?  Thanks for your assistance.

Steve B

Answer
Dear Steve,

I presume that you were not hit with a comparative negligence deduction on your property damage claim.  If you were, you would surely know it.

Since you were paid 100%, this tactic relates to any later personal injury claim rights.

What they are doing is preserving the right of the tortfeasor to: 1) reduce your bodily injury award, and 2) to go after you for his own injury damages.  

In other words, they use this as a means for them to assert BOTH a comparative negligence defense against any personal injury claim you may make, AND they preserve the right of their insured to make a claim for personal injury should he be able to show negligence on your part.

Bottom line, this will not "prove" negligence or the lack thereof; it is likely a non-issue inasmuch as companies have forever been paying property damage claims without such a reservation and nothing precluded them from using a comparative negligence defense.  

Go ahead and sign the release.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com