Norfolk, VA asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Virginia

Q: Is it standard for insurance to require waivers for future claims in settlement offers?

I was involved in a rear-end collision while stopped at a traffic light. I visited the hospital two days later and was prescribed painkillers. The pain persisted, leading me to return to the hospital a month later. I've been in contact with the at-fault driver's insurance company. They initially sent me a $1,000 check without my request, stating that upon signing a disclosure, I would receive an additional $500, totaling $1,500. The disclosure mentions that by signing, I waive future claims for potential injuries. The insurance also offered to cover $3,500 for physical therapy if I found a therapist by May 10th, which has been difficult due to referral issues. Additionally, they argued that the offer was low because I hadn’t sought medical attention frequently enough. Despite trying to consult attorneys, none have taken my case. Furthermore, I'm experiencing anxiety due to my unresolved back pain and the overall situation. Is it standard practice for an insurance company to require such a waiver for future claims in exchange for a settlement?

3 Lawyer Answers

A: Yes. It is standard to require a signed release when settling a claim. That is their incentive to offer you money.

Once you sign it, you no longer have any right to pursue their insured with a lawsuit.

You should have consulted with and retained an attorney quickly. They could have assisted with referrals and increased your chances for a better settlement.

If attorneys are declining your case, it may be because you waited too long and devalued your claim. You can always seek other opinions.

Olga Rollins agrees with this answer

A: I agree with the previous answer and I would also add that we usually do not recommend accepting any offers until the medical treatment is finished because we need to have a full picture of client's injuries and once the settlement is reached, you cannot go back and ask for more if it turns out your injury is more serious than what was originally thought.

It is always better to seek the assistance of the attorney in these cases to make sure you're getting full compensation for all of your damages

A: They generally present claimants with a release. What you describe as a disclosure appears to have the general effect of a release in precluding your rights to future claims or money. One would need to see the exact terms of your documents to advise meaningfully, but in general their purpose is to advise the claimant, "we're done here - no more money, no more treatment, no more claims." It's up to you. If you want to wrap things up and be done with the matter, despite your reservations about what you feel is a low ball offer, you could consider signing what they sent you. If you want to be more thorough and make certain of your rights and exactly what it is you're agreeing to (that's beyond a quick format Q & A forum response - an attorney would ask to see your documents - release, disclosure, waiver, and anything else), you could arrange an attorney consult. No one could make that decision for you. Good luck

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