What are my rights if I was in a accident and the other party was 85% at fault?

UPDATED: Nov 21, 2013

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What are my rights if I was in a accident and the other party was 85% at fault?

My bicycle has been fixed and medical is under my PIP. His insurer is offering a pain and suffering settlement and leaving the PIP open for 1 year. In the release it says, “This release expressly reserves all rights to pursue their legal remedies, if any, against the undersigned”. Does this sound normal?

Asked on November 21, 2013 under Personal Injury, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not a release--or at least not a mutual one. It may be that you are giving up any rights to sue, but by the quoted language, they could sue you. That is not typical: in my experience, usually, releases like this settling a claim are mutual, in that each side gives up its right to sue the other.

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