If my car was rear-ended and the at-fault driver’s insurer gave me a release form reimbursing me for personal injury costs and I sign this, who pays for the cars?

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If my car was rear-ended and the at-fault driver’s insurer gave me a release form reimbursing me for personal injury costs and I sign this, who pays for the cars?

Both car were totaled.

Asked on January 6, 2016 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the settlement and release form only address personal injury, then the cars are not being paid for as part of the settlement. And if the form states that you give up all right to sue and/or that the claim is fully settled by the agreement and payment you receive, you'd be giving up the right to sue for the cost to repair (or value of, if it's totalled) your car. d on what you right, there's no way to know who will pay for the cars--but we do know that it's not part of this settlement. Do not sign anything until you find out what will pay for any vehicular damage--you don't want to give up your right to compensation for the car(s).


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