Can I require from the insurance company that the party that rear-ended me in a car accident sign a release that they won’t sue me?

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Can I require from the insurance company that the party that rear-ended me in a car accident sign a release that they won’t sue me?

I wasn’t injured but I did go to the hospital to get checked. We have the same insurance company and I received the release agreement. It states that I agree not to sue them but it does not bar them from sueing me. I want to have the release amended to state that they can’t sue me either and that they would sign a separate release agreeing to that.

Asked on April 11, 2009 under Accident Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Don't do it! Why in the world would you do it? The only reason the insurance company is doing so is to save money.  Such a behavior does and can be bad faith.  Immediately contact the Department of Insurance in your state. File an administrative action (this does not exhaust your right to sue in civil court).


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