Be Careful When You Sign A Release

March 1, 2010
By Chris Faiella on March 1, 2010 9:00 AM |
Every day you are told how you can trust insurance companies on TV. However, nothing could be farther from the truth when you have suffered a personal injury. When you make a claim against another person's insurance you are the adversary of the insurance company. The adjuster you speak to may be polite but that doesn't mean they are looking out for your best interests. For example in Wood v. Robertson, the court found that the injured party was not allowed to rely on the statements made by the insurance claims adjuster to set aside a release, even though the adjuster statements mislead the claimant to sign a release of his claim. 245 S.W. 2d 80 (Mo. 1952). There was no fraud found when a claimant signed a release when they were falsely told that the company would take care of the medical bills later. Wolf v. St. Louis Public Svc., 357 S.W. 2d 950 (Mo. App 1962).

So the lesson is you have to be very careful and must read and understand any documents you sign when dealing with an insurance company. If you sign a release without understanding its legal meaning you may be signing away your rights to be compensated for the injuries and damages you suffered. Many small personal injury cases can be handled without a lawyer. See How to Handle Your Own Personal Injury Claim. However, you must carefully read and understand what you sign. If you don't understand the release or have suffered a serious injury you should speak with an experienced lawyer about your personal injury claim before you sign a release.