If you are in a car crash, at some point you may be asked to sign a release of liability. Before you do this, you need to understand the first step after an accident, the implications of a release of liability and make an informed and educated decision about whether that is right for you.
Release of Liability in a Car Crash
When you get into a car crash, someone else may have to pay your damages. Who exactly is on the hook for the bills depends on liability:
- If you are at fault, your own insurance company will pay.
- If you have collision coverage or personal injury protection, your insurance company will pay your own damages... otherwise, they will just pay for damages you cause to the other driver.
- If the other party is at fault, his insurance company has to pay for your damages- including injury and property damages.
- If you live in a no fault state, on the other hand, fault doesn't matter- each person's own insurance company pays unless the injuries meet the state's definition of "serious," at which point the victim of the accident can sue the responsible party.
Liability thus refers to who exactly is at fault, and has serious implications as far as whether you'll be paid for your damages or whether your insurance company will have to pay.
Release of Liability Forms
When you sign a release of liability after a car crash, you essentially say that whomever is having you sign that form no longer has any liability. This often comes in the form of a settlement. For example, your insurance company or the other parties insurance company may offer you a set amount of money. If you take it, you have to sign a release of liability form releasing them from any additional or further liability. This means they are off the hook and you cannot sue or recover any additional damages arising from that incident.
Before you sign a release of liability form, make sure the offer is fair and that you know the full extent of your injuries. If your concussion later turns into a permanent brain injury or your achy back turns out to be soft tissue injury or a herniated disc, you can't later change your mind after you signed the release of liability form.
Get Legal Help First
Before you sign a release of liability form, make sure you have it looked over by a qualified and experienced car accident attorney who can help you determine whether you should give up your further rights.
