Legal Question in Personal Injury in California
I am being asked to signed a Release In Full of All Claim for an auto accident that my 17 year old son was involved in. He as hit by a truck and trailer after another car hit the truck causing it to jackknife. My son and car were thrown into the guard rail and the car is totaled. The at fault cars insurance company is asking me to sign the contract on behalf of my son. The cover letter states that this is for medical and other damages arising from the accident, it is"NOT to be construed as a full and final payment" and that he has 2 years after his 18th birthday to seek additional payments if additional damages arise. Why can't or wont the insurance company provide me with a contact that says what the cover letter states? Should I black line the "Release in Full" and sign it? Also, it is only for $1000.00 which is less than I think is fair but I would like to move forward. I am afraid that I am not getting a fair offer and that I maybe signing away his and my rights.
3 Answers from Attorneys
If your son had been injured, I would highly recommend that you and your son consult with an attorney. Bring the medical bills, photos of the vehicle, proposed agreement, etc. The payment sounds very low in light of the nature of the accident. The language of the agreement would control and not the cover letter. This sounds like you might be selling your son short.
Your instinct is correct. Do not sign the release without having a lawyer evaluate your son's case.
Do Not sign anything ! Please consult with an auto accident attorney, it is free of charge and there is no fee until a settlement is reached. As attorneys we settle cases for minors all the time. The money is placed into a blocked account for the minor and it can not be withdrawn without a court order until the child is 18 years old. It is possible to ask the court to release some funds before the 18th birthday to pay for items for the minor. For instance, soccer shoes, school equipment, etc...Please contact my office or one of the other excellent attorneys on LawGuru. Please contact me if you have any questions. [email protected]
http://www.lawbarron.com or call: 800-529-5908
Barron Law Corporation
1750 Montgomery Street
San Francisco, CA 94111
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