Los Angeles, CA asked in Personal Injury, Car Accidents and Gov & Administrative Law for California

Q: Are there any precautions against releasing LA METRO from liability when they are obviously at fault?

My insurance has determined that I was not at-fault, so it won't affect my insurance rates. The other insurance company has offered to pay for all damages but denies liability, saying they want to avoid a lawsuit. I have to sign to release them of liability before receiving the final one-time payment.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO IS NEEDED.

CONSULT WITH A LOCAL PI LAWYER FOR GUIDANCE.

IF there is another defendant, they will point to the D you dismissed and say the person who should be sitting in that empty chair is at fault.......not us.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you sign a Release then you will be done with them. You probably should have an attorney review the document if you are satisfied with the amount of money they are offering you. There are some potential pitfalls doing it without legal assistance and more info is needed. Sit down with a local personal injury lawyer and discuss your options.

Patrick William Steinfeld
Patrick William Steinfeld
Answered
  • Personal Injury Lawyer
  • Coronado, CA
  • Licensed in California

A: A Release is simply a contract. You agree to release the other party in consideration of them paying you for your damages. LA Metro denies liability which is standard. A Release is a full and final release of ALL claims... past, present and future. You don't get 2-bites of the apple. You will have a Subrogation, and Indemnification clause which is difficult to explain, and therefore beyond the scope of this forum. Your Release may contain a global release which means you are releasing everyone in the world. So if anyone brings a claim against LA Metro that arises out of the same incident... you would be responsible for LA's attorneys fees. Limit your Release to known parties only.

Releases are designed to protect the drafting party. I agree with Mr. Gribow... pay an attorney to review and advise. Good luck.

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