Legal Question in Personal Injury in California

re: after settlement of liability

Hi,

I hit a 17 year old girl three weeks ago. Her attoney signed on release when my insurance offered full liability of $25,000. I asked the insurance company to send me a copy of the release. They said that they couldn't because it was someonelse's release. I wonder if there is any chance for them to come after me in future though they signed on? I am worried about it. Thanks for your help.


Asked on 7/23/07, 5:46 pm

4 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: re: after settlement of liability

Your facts are unclear. I am assuming your company paid the policy maximum of $25,000.

Who is they? (I assume you are wondering if the injured girl and her attorney can pursue this, and they can).

What do you mean by signed on? If you mean what I think you do, you are asking whether they can release the carrier of your liability policy, and still come after you. The answer is yes.

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Answered on 8/08/07, 6:32 pm
Joel Selik www.SelikLaw.com

Re: re: after settlement of liability

I may not know all the facts, but your insurance company must provide to you the release. If it is full release with all legal formalities and done to cover all contingencies, then you should be ok.

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Answered on 8/08/07, 7:33 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: re: after settlement of liability

A release is just that - a release. They have agreed not to sue you, but your insurance company should send you a copy for your file.

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Answered on 8/08/07, 9:20 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: re: after settlement of liability

It seems that the release does not release you from further liability. Ask your carrier for a clear statement in writing about who is released by the signed document. If they say you are released by the document, insist on receiving a copy. If it is not forthcoming, contact the Department of Insurance and file a written complaint. Your insurance carrier will still have the obligation to provide a defense if you are sued. If they acted in bad faith, they may be liable to you for any further liability, but this will require proof that they had an opportunity to settle the case in full for the policy limit, including you in the release, and did not.

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Answered on 8/08/07, 9:43 pm


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