Legal Question in Insurance Law in Missouri

Language in Auto Accident Settlement

I was involved in an auto accident last week in MO at which my vehicle was totaled and I was not at fault. I have been communicating with the insurance company for the at fault party, and reached an agreement over the phone to settle the car-related expenses for a certain amount. The insurance agent faxed me a copy of the ''Release and Settlement of All Property Damage Claims.'' Upon first perusal this document appeared to be persuant to what we had discussed, and I signed the document with a notary public. However, upon closer inspection I found a clause that I thought might prove troublesome. So far I still have the signed document, but have not returned it to the insurance agent. The language reads ''I do hereby agree to indemnify and hold harmless the said persons and entities from all further claims or demands, costs or expenses arising out of the injuries or damages sustained by me.'' This follows the expected language releasing further liability regarding ''property damage.'' My concern is that the ''injuries or damages'' clause will prevent me from seeking further compensation for emotional and mental distress, medical expenses, etc... Am I right to be concerned about such a clause, or does this just apply to the car damage?


Asked on 3/31/06, 5:24 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Language in Auto Accident Settlement

Of course you should be concerned. This is just one of many ways in which the insurance companies try to cheat the people! I would suggest that you call the adjuster, tell him or her that you will sign a release without any "injury", or "other claim" language. He or she will probably tell you that this is their only release and not to worry about it. Tell that person that you will just go ahead and hire an attorney now to handle everything. If that doesn't work, hire an attorney! Good luck.

Read more
Answered on 3/31/06, 7:44 pm


Related Questions & Answers

More Insurance Law questions and answers in Missouri