What to do if my car was totaled and my insurer wants me to sign release papers to give them my car but only then they will release a check to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my car was totaled and my insurer wants me to sign release papers to give them my car but only then they will release a check to me?
If I sign that release form does that mean I am in agreement with everything they find as to who was at fault with the car accident?
Asked on January 8, 2016 under Accident Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Signing the release before receiving the settlement check is standard operating procedure.
Signing the release means that you won't be able to file a lawsuit regarding the property damage to your car. Whether or not you agree with the insurance company's findings of fault, etc. is not the issue here unless you plan on filing a lawsuit in the future regarding the property damage. Since you have accepted the amount you are receiving for your car that was totaled, you are giving up your right to sue regarding the property damage by signing the release.
Signing the release for the property damage to your car is separate from a personal injury claim if you were injured in the accident. Signing the release for the property damage does not prevent you from filing a lawsuit in the future regarding your personal injury claim. A future settlement of a personal injury claim is a separate matter from the property damage settlement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.