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"Release of all claims" questions?
I signed a "release of all claims" form after being rear ended. I was not at fault. Prior to the time I signed the form, I saw a doctor who informed me that I had whiplash. I called Progressive and they told me that they would pay for that doctor visit ONLY if I signed the "release." I was told by my chiropractor today, that I ran out of funds in my contract and progressive wont pay anymore. I'm still injured and haven't gotten my full treatment or diagnosis. Doctor thinks I may have nervous system damage due to the accident but can't do anything to diagnose that until we have fully undergone my muscular injuries, to be certain that it isn't just spasming. Now here are my concerns:
1. I released the other driver in the contract, but I don't remember seeing Progressive as a releasee. Does this mean they should continue paying my medical expenses?
2. Since I am still injured from the accident, is there any way to receive further medical payments from Progressive?
3. Am I COMPLETELY locked into that release or are there exceptions?
4. Is it worth getting a lawyer for? Or would it be foolish, considering I signed the release?
I felt pressured to sign that and was in a sense, "tricked," considering they refused to reimburse my medical expense without signing that release. It seems like fraud on their part, but who knows these days.
5 Answers
- 8 years agoFavorite Answer
Sorry to hear of your injuries. My 1st thought is to find an Attorney.....To my knowledge, one should 'listen' to your situation, then if they 'take' your 'case'...It would be on a %age of your payment, @ the end of the 'court-thing'...
So, NO $$ out-go @ the front-end. That said, if you still 'need' Medical care, I wouldn't put it off for long...See if they can 'bill' you, & explain to them that you are pursuing 'legal' matters, etc.
NO-ONE, except your Attorney, should make any 'judgement-calls'....Naturally, tons of folks will have 'opinions'....that's pretty normal...imo...
Take a deep-breath, & try to focus on getting the Medical help you need. Me, I'd be 'Googling' for an Attorney in my area...just sayin'...Good Luck...Try NOT to 're-act....try to 'act'...
Source(s): life... - StephenWeinsteinLv 78 years ago
1. No. If the other driver is released, that means that Progressive should not pay. The insurance company is supposed to pay only the bills that the driver with insurance from that company would have to pay if that driver did not have insurance. The insurance company has no independent responsibility for bills from which the driver is released.
2. No.
3. There are some exceptions, like if a bank robber points a gun at your head and says he will shoot you if you don't sign. I don't see how your situation could possibly qualify.
4. It's worth talking to a lawyer, so that a lawyer can tell you if there is an exception that will let you get out of the release. It's not worth paying a lawyer up front or by the hour, if you can't find one to take the case on contingency.
- BootsLv 78 years ago
The paper said "Release of All Claims"
You knew it was a "Release of All Claims" when you signed it.
What part of "Release of All Claims" do you not understand?
Your claim is over - done with and never to return. You are locked into the release. That's the purpose of the release - in exchage for the money you end your claim once and for all.
No you can't sue Progressive. They did not cause your injury.
Is it worth getting a lawyer over? No. As soon as the lawyer contacts Progressive, they will send him a copy of the signed Release of All Claims and he will drop you as a client.
The release does not have to specifically list Progressive. Most releases name the insurance company driver/owner and then states something to the effect of "any and all other firms, corporations etc.."
You will have to pay for any more medical treatment out of pocket. Progressive and the other driver are released.
- MotorheadLv 78 years ago
Only a lawyer can really give you accurate advise, by law.
I think you should not have signed the release until they agreed on the injuries and how much they would pay.
Paying yourself for the diagnosis is usually safer.
But I also do not believe nerve damage can be treated in most cases.
And I do not think you are totally prevented from further action with a lawyer, but it may be harder since you signed the release.
The question is how bad it is?
If you can't work or are in so much pain that you need to sue, then you have no option but to go for it.
If you are not hurting that bad, then I would drop it.
A lawyer usually does not charge for a consultation.
- zigzigfanLv 78 years ago
I would contact an accident attorney. Tell them you were under stress, and pressure to sign that release.
This is the thing people. when you get your insurance online with Geico, Progressive, Esurance or whatever online thing you try, who is going to be there to fight for you in this situation? It's worth your time to have an agent, and prices are not higher because you use a local agent. Rates are set by the state Insurance Commissioner. Call centers are full of kids working under a few licensed supervisors, that give you cheap prices, but OMIT coverages that you need to get the sale for their bonus and/ or commission.
Source(s): Insurance Agent that has had many online shoppers come to me for help.