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International student at fault accident. Limited release form offerring, risks?benefits?

Atlanta, GA |

I was at fault in a car accident and hit a guy, and since my bodily injury limits was $25,000/person, which was considered not enough for him, so he is now making an Uninsured motorist bodily injury claim to his carrier. On the other side, his attorney agreed with my carrier with the limited payment in exchange I have to sign a form called Limited Release.
I am an indepedent, international student and going to school by school's scholarship, and since the accident I didnt intend to make it so, I lost my car too. I don't have anything else value or money to pay him more than my insurance carrier can do.
I don't really understand what is Limited Release? Benefits? Risks? in term for the at fault driver? Should I sign/ not sign this form?

Attorney Answers 4


You need to have your insurance carrier hire an attorney to provide you legal advice as to whether you should sign the Limited Release. Generally, an attorney is not looking to spend time to go after you if you do not have attachable assets.

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You want your insurance company to obtain a full and complete release for any further liability for you. Without seeing exactly what this "limited release" says, no one can really advise you. When there are potential conflicts between your interests and your insurance company's interests, they may have an obligation to pay for counsel to advise you. This is sometimes referred to as Cumis counsel. Ask your insurance company to provide you with an attorney to advise you as to whether or not you should sign the document. If they refuse to pay for one, I suggest you not sign anything until you hire your own attorney to review the documents.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Contact your insurance carrier immediately and they should advise you. Typically they will provide an attorney to advise you. Before you sign any liability releases, be sure to have it carefully read and screened by this attorney.

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Agree with Darren and Paul. Your insurance company should hire an attorney who represents you to give you advice with respect to the document they are asking you to sign.

With that said, typically in a siuation such as yours where damages caused exceed policy limits, the injured party (in exchange for policy limits from your insurance company) will sign a document releasing your insurer from any further liability, but would allow him to pursue other sources of recovery (such as his UM carrier or potentially even you personally). However, unless you have liquid assets (which it sounds like you do not), it is very doubtful that he will come after you personally.

Please do not take my response to your question as offering specific legal advice. To offer specific legal advice, I would need to know a lot more information regarding your specific legal issue than you have provided. Additionally, I have taken the time to respond out of my own desire to be a good "legal" citizen and help good folks like yourself with legal related issues; however, my response is not intended to create an attorney-client relationship.

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