Should You Sign a Release of Liability?

If you have gotten into an auto accident, at some point you may be asked to sign a release of liability. The release of liability may be sent to you by the other driver's insurance company, and may come alone or come with a settlement offer. Before you sign a release of liability, it is essential you understand what this means and what you are giving up.

Should You Sign?

Liability is the legal term that is used in tort law to describe fault. Liability is important- if a person is liable for causing damage, that means he breached a legal duty, that breach led to damages, and he is responsible for paying for those damages. When you sue, liability must be determined and the party who is found liable has to pay the lawsuit damages. Even if you don't sue, the insurance company of the party who is liable has to pay the damages for the victim.

if you sign a release of liability, you absolve the other person of any legal liability. In other words, you essentially say that legally the other driver is not at fault. Since you have admitted he is not at fault, he cannot be sued for the incident. So, when you sign a release of liability, you are no longer able to sue for anything that you released the person from liability for. If you sign a blanket release of liability absolving the other driver of all liability associated with the accident, then you can't sue for anything at all.

You should be very careful about signing a release of liability, since you are entitled under the law to recover for your property loss and injuries. You may feel as if it is harmless to sign since you aren't injured or since your injuries aren't severe. However, sometimes an injury- such as a soft tissue injury- doesn't present itself until after the fact. Other times, an injury later becomes more serious than it appears. If you have signed a release of liability and later find out you are seriously hurt, generally the release of liability will still be in affect and you will not be able to sue to recover the damages you otherwise would have been entitled to.

Getting Help

Before you sign a release of liability, speak to an experienced car accident or personal injury rights attorney who can help you to ensure your rights are protected under the law.