Legal Question in Personal Injury in California

Should I sign a Release of Claims

If I sign a release of claims, does it stop my health insurance company from collecting for medical bills.


Asked on 11/06/03, 7:50 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Should I sign a Release of Claims

Your question is vague and more information is needed to accurately answer your question. Who is asking you to sign the "release of claims?" Is another driver's insurance company asking you to settle a claim with them?

If you have been injured a "release of claims" usually implies that someone's insurance company is settling a claim. If that is the case, signing the release of claims will not stop your health insurance company from seeking to recover for your medical bills from someone. If you settle an injury claim, and receive compensation from someone's insurance company, your health insurer probably has the right to subrogate against the amount you receive. That means if you are going to settle an injury claim, you need to make sure that you are receiving enough to pay the medical bills, as well as retain some amount for whatever pain and suffering you might have suffered.

You should probably make an appointment with an attorney in your area to discuss this matter, and to have him or her review the "release of claims."

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Answered on 11/07/03, 4:23 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Should I sign a Release of Claims

Hoffman gave the best answer.

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Answered on 11/07/03, 4:56 pm
Joseph Richardson Borton Petrini LLP

Re: Should I sign a Release of Claims

I agree with the comment about needing more info. If you were insured and the other side is at fault, you have to make sure you don't sign away anything prematurely that prevents your own insurance company from asserting their rights. For instance, if your insurance company has paid out on your behalf, either because the other side was uninsured or because they got your car fixed to get you back on the road, they would want to subrogate(that means stand in your shoes) against the other side, be they the other insurance company or the other driver himself. If you sign a release releasing the other side from further obligation when they pay you some settlement amount, this is a problem is the release keeps your insurance company from getting reimbursed for what may have been paid out on your behalf. I would advise getting an attorney to help you through the process.

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Answered on 11/13/03, 11:00 pm


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