Legal Question in Personal Injury in Pennsylvania

Recently received a "pain and suffering" settlement release form from my insurance company. I was rear ended -other driver had no insurance. My insurance paying from my uninsured/under-insured coverage. Minor ($1500.00) damage to my car. Very slight back sprain. ER visit, one day off work. Ins. Co. offered $1180.00. Reasonable, I feel, but disclaimer says "Read very carefully before signing"

Question: Document starts out with"Know all men by these presents...... and the rest is worded just as bad. Can I request a form that is in plain everyday English?


Asked on 4/02/12, 5:47 pm

3 Answers from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

Sure you can. But I would not sign any release at this point, because the money is coming from Uninsured Motorist benefits from your company. There is case law that requiring a Release in such a situation is bad faith, as it prevents you from going back them should the injury worsen or recur. If the money was coming from the defendant's insurance co., it would be different. Obviously, this is not worth paying extra money to a lawyer, but, PA case law does not require a Release in this situation. Suppose the money was for damage to your car. They fix the damage, you sign a release, and 2 weeks later the "fixed car" still has problems. If you signed a release in that situation, you would be in trouble.

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Answered on 4/02/12, 6:30 pm
Richard Senker Senker Law Office

You do not have to (and should not) sign a Release to get uninsured motorist money. Please call if you want to discuss. Richard Senker 610 279 1600

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Answered on 4/03/12, 12:04 pm
Thomas Kenny Thomas D. Kenny, Esquire

You may want to hire an attorney who would most likley get you more money. Send me an email to discuss further [email protected]

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Answered on 3/25/13, 12:56 pm


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