Release of Liability

[crashbandicoot]

We had an accident and we were the at-fault driver. The two people in the other car sustained injuries and the car was totalled. We did not have insurance at the time.

The other people know we do not have anything to sue for. The one was represented by a lawyer who has asked for our insurance info.

We have been contacted by the injured parties to settle without going to court (without lawyers). The lawyers told them they don't sue people like me.

We want to do the right thing and pay for the car, etc. The insurance company will no doubt send us a bill subrogated. They only had $10,000 PIP per person. One had a $33,000 hospital stay and another had a $4400 ER visit. The one with $33,000 had medical insurance, the other did not.

Can they sign a release of liability with us? What kind of form? They may have ongoing damages, so is this even possible?

[SChinFChin]

We had an accident and we were the at-fault driver. The two people in the other car sustained injuries and the car was totalled. We did not have insurance at the time.

The other people know we do not have anything to sue for. The one was represented by a lawyer who has asked for our insurance info.

We have been contacted by the injured parties to settle without going to court (without lawyers). The lawyers told them they don't sue people like me.

We want to do the right thing and pay for the car, etc. The insurance company will no doubt send us a bill subrogated. They only had $10,000 PIP per person. One had a $33,000 hospital stay and another had a $4400 ER visit. The one with $33,000 had medical insurance, the other did not.

Can they sign a release of liability with us? What kind of form? They may have ongoing damages, so is this even possible?

It is doubtful that if these folks receive sound legal advice, they would ever sign such a form. What is there to gain for them??

This is because anything can happen, you can win the lottery in the meantime. A women who was in my employ had $200K in judgments against her, creditors could not do a thing, because she made too little to be garnished, and she maintains no bank accounts, and does not drive a car, so there is nothing to attach.

Then, she collected an $85K slip and fall settlement. She was smart enough to deposit the funds into her daughters account, and creditors did not catch up with her.

However, I receive annual information subpoena's asking about her earnings, in case it changed. There is nothing to be gained by them signing such a form, unless they receive some consideration, which under your circumstances they cannot.

On the other had, if an attorney told them it was OK to sign such a form, and then it turned out you won the lottery, or collect on a settlement, they can't collect from you, they can go after the lawyer for malpractice. Wouldn't you?? So what attorney would advise a client to do that, sign a form where they get nothing, and might put the attorney in trouble??