The scenario is as follows- you get into an accident. It is not your fault. You went to the hospital. The next day, someone from the insurance company of the OTHER car (the one that was at fault) comes to your house. They are very friendly. They want you to take some money in a check but in order to get the money, they want you to sign some papers. What should you do?
The answer is simple- you may want to consider contacting a lawyer to find out what your rights are in the case!
What are the concerns with accepting the money and signing the paper? The paper they are going to ask you to sign is a release document. The release document will be releasing the other driver and the insurance company from any suit. Thus, if you are injured, you cannot sue them and you cannot recovery more money from them.
One major concern is that a DAY or TWO after the accident, even commonly a month or two months after the accident, you do not necessarily know the extent of your injury. From the insurance company’s perspective, this is usually a winning situation as for some nominal sum. They are able to get the case off their desk and into the “resolved” column for a very small amount. If in fact the person has absolutely no injury, then maybe this is a fair offer from the insurance company. However, often in my experiences, the offers made by the insurance company a day or two after the accident rarely covers the co-pays that a client may have for the medical treatment. Not to mention, the money for pain and suffering or for lost wages.
The key part here is that commonly in a DAY or TWO after an accident, you do not know the extent of the injuries. Thus, it is generally not advisable to accept their offer and signing the release. What to keep in mind with these release forms is that you are signing your case away. If for some reason you have an injury that requires surgery, you could possibly be resolving your case for a very small fraction of what the case is worth. Until you know the extent of your injuries, it is NOT a good idea to accept these settlement offers in the days or weeks following an accident.
Every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general and should not to be construed as specific advice for a case or your case. A minor difference in the facts of the case in a fact pattern such as above could change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states could vary from Florida.
