Legal Question in Personal Injury in Florida
Property Damage Release
Wife met with auto accident - both property damage and personal injury:
1. Should we wait until we are ready to settle personal injury ? Or can I settle property damage independently of personal injury ?
2. If I want to get the property damage settled first, I want to make sure I am not signing everything they send blindly. They sent the following documents for me to sign:
(i) Bill of sale (it seems like a sale document from us to the insurance company and to be notarized as well)
(ii) Property damage release - this has all sorts of legal wording on it that I want to be careful before signing. Just want to know is it normal. It has wording like ''release, acquit and forever discharge from any and all claims, actions, causes of action, demands, rights, damages,costs, loss of service, expenses and compensation whatsoever ... It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim and that the payment is not be construed as an admission of liability on the part of the party .. said release intend merely to avoid litigation and buy peace. To be notarized
(iii)Motor vehicle Power of Attorney/Odometer disclosure form
(iv)original car title to be enclosed
3 Answers from Attorneys
Re: Property Damage Release
In short, the property damage portion of the claim can be settled first.
As far as the wording of the release, it would be a good idea to consult with an attorney. Most attorneys will take the case at no cost to you and will most likely earn their percentage by maximizing the value of the case.
If your wife's injuries are "permanent" (pursuant to Florida Statutes) then she would be entitled to damages for pain and suffering, this would be in addition to her medical bills and lost wages.
I would be glad to take a look at the release if you would like.
Feel free to give me a ring.
Good luck,
-Leland 888.524.2426
Re: Property Damage Release
Unless you want an unfair resolution, I suggest you retain an attorney.
Re: Property Damage Release
Yes you can settle first. Add to the release: "This does not release any personal injury claim."
Be sure they are paying any towing storage or loss of use(rental) and sales tax. You should also ask for certificate of disclosure of their liability insurance limits (required by law). Since you're signing over title it must have been a total loss. Are they paying the proper retail value of a replacement vehicle, not "blue book".
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