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**REVISED** My son is 21 and in college. Last Summer he was hit by a drunk driver. Car was totalled, but issue is settled.

Sacramento, CA |

A Help Point Claims Adjuster threw 300.00 at him, and he figured it was good money since he onlyhurt two weeks. He Electronically Signed a release via computer. The check is in the mail. Can I send check back and void the release especially since it was via computer. I know the reserve account is higher. he didn't know to negotiate but i do and I'm a pitbull of a mamma, so I want a fight. I used to work for an adjuster and it made me sick the way they beat people out of money.

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Attorney answers 6


you may have a problem trying to nullify the settlement. Simply sending the check back does not accomplish that. Your son is of majority age, so his agreement to settle will be binding unless it can be shown that he was mentally inconmpetent at the time of execution, was put under duress by the other party or was materially defrauded. Not easy to prove. Not enough to argue a better settlement amount could have been gotten.


It is near impossible to nullify a settlement in California unless you can prove that he signed under stress and duress. You should contact a local attorney here in California who offers free consultations to get a more thorough assessment.

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Send the check back, consult a lawyer and see what happens. Im sure your sons injuries even if minimal are valued more than $300.00. The worst thing that can happen is they fight and you only get what you started with but a good attorney should be able to help.

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Unlikely after a release is signed. This is what happens when you deal with an insurance company without a lawyer.

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I tend to agree with the other comments, but it would be interesting to see how the court would rule on an electronic signature for a release of an injury claim. Good luck.


I tend to agree with most of my colleagues unless your son is incompetent or signes under duress, th release is binding. The moral is never sign a legal document without speaking with your attorney. Best of luck.

This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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