QuestionMy wife was in an auto accident and we want to settle the injury and property damage separately. The insurance company sent the following letter for the property damage and we wanted to make sure that it did not affect the injury portion of the claim
"PROPERTY DAMAGE RELEASE
CLAIM 11P1202
KNOWN ALL MEN BY THESE PRESENTS:
That the Undersigned, being of lawful age for sole consideration of SEVEN THOUSAND SIX HUNDRED NINETY DOLLARS ($7,690.00) to be paid to SARA C XXX TOD TERRY W XXX, does hereby and for my/our/its heirs, executors, administrators, successors, and Assigns release, acquit and forever discharges SUPERIOR MOVING SERVICE INC., GRIFFIN COLTON & Transguard Insurance Company of America. and his, her, their or its agents, insurance companies/reinsurers, servants, successors, heirs, executors, administrators and all other persons, firms, corporation, associations or partnerships of and from any and all claims to 2004 CHEVY MALIBU VAN VIN1G1ZT548X4F10XXXX, costs, loss of service, and expenses, which the undersigned may has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen property damage and the consequences the thereof resulting or to result from the occurrence on or about the 22ND DAY of SEPTEMBER, 2011, at or near I 70 JACKSON COUNTY, KANSAS CITY, MO.
It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that
said releases deny liability therefor and intend merely to avoid litigation and buy their peace.
The undersigned hereby declare(s) and represent(s) that no promise, inducement or agreements not herein expressed has been made to the undersigned, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and not a mere recital.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE
AND FULLY UNDERSTANDS IT.
Signed, sealed and delivered this _______day of ______________________, 2011.
___________________________________________________________________x
SARA C XXXX TOD TERRY W XXXXX _________________________
(WITNESS)
STATE OF ____________________ COUNTY OF ___________________SS.
On the ___________day of ________, 20 , before me personally appeared
_________________________ to me known to be the person(s) named herein and who executed the foregoing Release and acknowledged to me that ________________________ voluntarily executed the same.
My term expires __________, 20 .
________________________
Notary Public
Answer Hello Mark,
As I read this, the release relates only to the property damage claim - to your 2004 Malibu.
They are not accepting liability, it seems, because they are anticipating further action as a result of the accident. That's how I am reading this.
Having said that, understand that I am an insurance expert, not an attorney. Could there be some "trick" language in there? Only an attorney could tell you that.
If either of you suffered serious permanent injuries, then in my opinion you should consult with an attorney anyway. Attempting to settle significant injury cases on your own rarely works.
Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
