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Auto Insurance Claims/Re: settlement release letter


Settlement Release for Bodily injury claim letterhead has Release  does not have Insurance Company name on text or on Letterhead. It states release forever .... and later says and particularly on account of all injuries known and unknown both to person and property which have resulted or may in the future develop from an accident etc.
It also expressly reserves all rights of the parties to pursue their legal remedies if any against the undersigned etc.
No where does it mention this is for just a Bodily or personal injury settlement only. also was a bit concern about rights of the parties to later sue me.  Call insurance carrier and an adjuster told me they could include just after the amount the wording for bodily injury, he also noted this was their standard form and could not be changed??? Can you help advise

A settlement is just that.  If the release says it, and you sign it, then it is so.  The relase CAN be changed.  It is a negotiation just like any other part of a settlement.  There are standard forms that are used which are intended to protect the insurance company from further liability.  There should be an injury release and a separate property damage release unless the property damage part has already been settled, then a general release would be needed.  

This questions, although one I can answer, is for an attorney.  If you don't understand the release or can't draft an effective one, you need an attorney to help.  My suggestion is to read the release and change it to read exactly how you intend to release the released parties.  

The law of construction of contracts governs, so it can be a bit complicated to answer this type of question.  I'm sorry it's so confusing, but the simple answer is:  "Read it, and if it doesn't say what you agree to, don't sign it, but alter it until it says what you agree to."


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Justin Petty


Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.


Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

NASP (National Association of Subrogation Professionals) (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author ( All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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