Brookenstein
Member
What is the name of your state?CA
We were in an accident on 3/15 and the insurance company of the driver at fault declared the car a total loss shortly there after. We have fought this entire time to settle the vehicle portion, but want to wait to settle the pain and suffering portion as they only offered us $50.
I threatened to file a complaint with the California Department of Insurance Consumer Communications Bureau for delay of settlement of a claim. This finally got them willing to settle the vehicle portion.
We received the following from them today and I want to make sure that this is truly just settling the vehicle portion and we can still get pain and suffering damages later.
Notice and Release and Settlement of Claim
For the sole consideration of $5516.98 the undersigned hereby releases and forever discharges: and all other person, firms and corporations from all claims and demands, rights and causes of action of any kind of undersigned now has or hereafter may have an account of or in any way growing out of Property Damage resulting or to result from an occuraence which happened or or about 3/15/2005 and do hereby covenant to indemnify and save harmless the said party or parties from and against all claims and demands whatsoever on account of or in any way growing out of said occurence or its results to property. This release expresses a full and complete SETTLEMENT of a liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone nor as an estoppel, waiver or bar with respect to any claim the party or parties release may have against the undersigned. Witness my hand and seal.
YOU ARE MAKING A FINAL SETTLEMENT.
THIS IS A RELEASE: READ BEFORE SIGNING
Thanks for your help.
We were in an accident on 3/15 and the insurance company of the driver at fault declared the car a total loss shortly there after. We have fought this entire time to settle the vehicle portion, but want to wait to settle the pain and suffering portion as they only offered us $50.
I threatened to file a complaint with the California Department of Insurance Consumer Communications Bureau for delay of settlement of a claim. This finally got them willing to settle the vehicle portion.
We received the following from them today and I want to make sure that this is truly just settling the vehicle portion and we can still get pain and suffering damages later.
Notice and Release and Settlement of Claim
For the sole consideration of $5516.98 the undersigned hereby releases and forever discharges: and all other person, firms and corporations from all claims and demands, rights and causes of action of any kind of undersigned now has or hereafter may have an account of or in any way growing out of Property Damage resulting or to result from an occuraence which happened or or about 3/15/2005 and do hereby covenant to indemnify and save harmless the said party or parties from and against all claims and demands whatsoever on account of or in any way growing out of said occurence or its results to property. This release expresses a full and complete SETTLEMENT of a liability claimed and denied, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of anyone nor as an estoppel, waiver or bar with respect to any claim the party or parties release may have against the undersigned. Witness my hand and seal.
YOU ARE MAKING A FINAL SETTLEMENT.
THIS IS A RELEASE: READ BEFORE SIGNING
Thanks for your help.