Legal Question in Personal Injury in California

I was in an accident about 2 months ago. While stopped in traffic, a 19 year old guy was coming off the freeway exit and plowed into the rear of my sons car that I was driving. I had headaches and neck pain for a few days, but then began to feel better. At that time my son and I agreed to settle with the guy and his parents for less than half the estimate for the repairs on the car. We did this because muy son had a salvaged title, and we thought insurance company would not total the car more than once. Also in the agreement I signed, was a release for any future medical matters. They were aware of my initial neck pain. I am not the type to sue someone unless I was really hurt. Thinking I was getting better, I signed. Turns out, my neck has been getting worse. I have a great deal of pain on a daily basis, and even have trouble turning my head. Therefore my question is, is it possible to proceed with a case against their insurance company, even though I signed a medical release with the other party personally? The Police, DMV, and the insurance companies were not notified about the accident. Your response is greatly appreciated.

Asked on 2/07/11, 6:07 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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It sounds like you're responsible for the rest of your medical bills. You might want to have an attorney take a look at a copy of the release you signed. If it bore the standard language, you probably can't revisit this issue, even with the other driver's insurance carrier as you probably released all claims, known and unknown against the other driver, and released his agents, assigns, etc.

Answered on 2/07/11, 6:15 pm

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Steven Kuhn Steven Kuhn

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Mr. Cohen is correct. But it depends on the language in the release. Have an experienced personal injury attorney look at the release for you.

Answered on 2/07/11, 6:54 pm

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Edward Hoffman Law Offices of Edward A. Hoffman

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I agree with Mr. Cohen and Mr. Kuhn. Since the other driver didn't involve his insurer, he may have written the release language himself. If that's what happened, he may have made mistakes which will help you. Have a lawyer review the language for you.

Answered on 2/07/11, 8:32 pm

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