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Author Topic: A little legal advice if you please  (Read 1828 times)
leighclay
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« Reply #10 on: May 03, 2010 at 20:01 »

Hey - sorry Jonzr - was out of town this weekend without computer access so just saw this and had a chance to read it.
Let me go over it a little and get back with you.
I think AJ's probably given you better advice than I could, but I'll take a look just the same.

Friggin' insurance companies.... cussing
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otismalibu
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« Reply #11 on: May 03, 2010 at 20:10 »

Quote
Maybe she should go in for an exam,

If I would have known...

 Grin
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leighclay
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« Reply #12 on: May 04, 2010 at 08:31 »

RELEASE OF ALL CLAIMS FOR PROPERTY DAMAGE ONLY

Claim Number: xxxxxxxxxxxx

For the SOLE CONSIDERATION OF $xxxxxxxxx the receipt and sufficiency of which is acknowledged, the undersigned releases and forever discharges Mr. Driver-of-Car, Mrs. Driver-of-Car, their heirs, executors, administrators, agents and assigns, BIG EVIL Insurance Company, all other persons, firms or corporations liable, or who may be claimed to be liable, none of whom admit liability to the undersigned, but all expressly deny any liability, from any and all claims, demands or suits of any kind on account of and resulting from damage to property caused by an accident which occurred on or about the <date-they-hit-my-wife> at or near <Some-address-where-they-hit-my-wife>.

This release expressly reserves all rights of the parties released to pursue their legal remedies if any against the undersigned, their heirs executors, agents and assigns.

It is further understood and agreed that this release and payment is not to be construed as a waiver or estoppel of any party released to prosecute a claim or action for any damages sustained.

Undersigned declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account of the damages above mentioned, and for the express purpose of precluding forever any further or additional claims relating to property damage arising out of the aforesaid accident.

...

Undersigned declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise, on account of the damages above mentioned...

I don't like those bolded parts.

The title of the form states release from property damage, but when you read on, you're essentially releasing them from all liability (underlined part -- from any and all claims, demands or suits of any kind) arising out of the accident.

So, in two months, when your wife suddenly starts complaining of lower back and/or neck pain and you come to find out that there's a fracture in her 8th and 9th vertebraes (God forbid, etc., etc), what happens if she can't work; ability to work is limited; and/or she has nagging injuries that stay with her for the rest of her life causing her unreasonable pain and suffering?  You now have zero recourse.

Maybe I'm reading that wrong; maybe it's the way it's written; or maybe it's a combination of the two, but I'd take it to a PI attorney and have him review it.  You should be able to get a free consult somewhere.  Don't take your insurance company's word as gospel either.

It's one thing to release them from additional personal property damage claims, it's quite another to absolve them of any liability from any and all claims.


Added in a bold section that I don't like.

You're pretty much on target Jonzr.  They make it sound like you're just releasing them from property damage claims, but it  also says any damage related to or resulting from the property damage.  So you could be screwed if your wife finds injuries later down the road.  I'd definitely have her fully checked out.

And the part I bolded means that they can sue at any time for damage related to the accident.

So go find yourself a good PI.  You might end up getting more out of this.

 wacko
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KeystoneKC
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« Reply #13 on: May 04, 2010 at 10:54 »

OK, so I log on after not bein' around for a while, and the first two threads are "Otis visits Jonzr" & "Jonzr needs an attorney".  Am I the only one who doesn't find this surprising?  Damn Canadians.
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Finnegans Wake
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« Reply #14 on: May 04, 2010 at 11:41 »

OK, so I log on after not bein' around for a while, and the first two threads are "Otis visits Jonzr" & "Jonzr needs an attorney".  Am I the only one who doesn't find this surprising?  Damn Canadians.

Jonzr did mention that the wife got T-boned...
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jonzr
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Have a cup o' joe.


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« Reply #15 on: May 04, 2010 at 13:09 »

Well, my ins co replied back and said they thought the docs  were just typical boiler plate stuff and pointed out that it was for property damage only - but they mentioned that they don't require a release for property damage.  Then the other ins co called back and offered to send a letter that stated they haven't sent the check but will upon receipt.  So, I guess we're ok.  Thanks for the comments y'all!
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