Can the at fault party’s insurance company ask me to sign a release agreement to waive any future claim against the at fault driver’s estate?

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Can the at fault party’s insurance company ask me to sign a release agreement to waive any future claim against the at fault driver’s estate?

Asked on January 15, 2014 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

They can absolutely ask you to do this; and you are free to refuse to do so, at which point they, in turn, can decide to not pay you the offered settlement, or to offer you less; and you then can decide to sue (or continue to trial, if you've already sued) if you don't like the offer; etc. In short: settling is a voluntary process, and either party can ask for any terms it likes, with the proviso that the other party doesn't have to accept those terms. If the parties can't come to an agreement, that's what the courts and a trial are for--to determine who owes who what, when there is no voluntary agreement.


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