MustI sign a property damage release?

UPDATED: Jun 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 9, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

MustI sign a property damage release?

I was rear-ended by a semi-truck on the freeway. The original estimate was for $1,800. Then it went up to $2,400, $5,100 and finally $6,300. I am cautious about the repair. The insurance company wants me to sign a property release but I refused. They hand delivered a check to the body shop (my name on the check) and stated that I have to pick up the car and return rental. They will not pay for it anymore. The body shop sent me a copy of the check and it’s basically a release written on the check for any/all claims. I don’t want to sign since I want the vehicle re-inspected and file a DV claim. I feel bullied.

Asked on June 9, 2011 under Accident Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You never *have* to sign a release of any kind--though you may have to sign it  if you want the check, if they have made receiving the check or funds contingent upon signing the release. You always have the option of refusing the payment, not signing the release and then suing for what you think you are entitled to--either suing the other party, if you think you should get more, or suing your own insurer (if the insurer you're talking about is your own carrier, e.g. for collision coverage) if you think they aren't honoring their obligations. You should consult with an attorney with auto accident experience; bring all the documents, the check, evidence of the amount of damage, etc. and let the attorney help you determine what's in your best interest. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption