Legal Question in Personal Injury in California

Release of all claims (auto)

I was involved in an accident where I was rear-ended. The other driver's insurance paid for the repair of my car. Altho I did not sustain any physical injuries, I still went to the doctor...he said I was fine. The ins. co. then sent me a Release of all claims form and a check for $50. The $50 will definitely cover my office visit, but I feel that I deserve more (for some emotional trauma, time taken off work to go get the car fixed and see the doctor, etc.) Do I have enough leverage to ask for a higher settlement? Or should I just take the 50 and call it a day? I feel like I should talk to an attorney before I cash the check and return the form.


Asked on 1/03/05, 12:24 am

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Release of all claims (auto)

If you were only in pain for a couple of days, your settlement is not going to be very big. However, you probably have leverage with the insurance company to get some more money. As a former insurance adjuster, I would routinely offer up to $250 to get someone to sign a release. You can use that as a good estimate. However, anywhere between $100 and $250 is going to be a fair to more than fair settlement.

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Answered on 1/05/05, 3:56 pm


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