My co-worker and I were in a car accident in my vehicle. He began the process of a lawsuit against my car insurance but is now regretting it because he does not want me to be affected. He signed a Gerenal Release form B110 to discharge me of all charges but we are not certian if this document will suffice to free me of any legal actions against me.
My question is; is the form B110 enough to stop the suit? If not, what does he need to do to stop the case as he does not want to proceed.
It is not unheard of for friends and relatives who have injured one another to commence lawsuits for purposes of recovering available insurance proceeds. Frequently, these types of cases engender bad blood and the injured party will often have second thoughts about whether to prosecute the case. Your friend, as the injured plaintiff, retains the final word on when the case is to be terminated and under what terms. From the sounds of it, he or she has already begun the process of dismissing the case against you. If so, there is no risk of judgment against you for the foreseeable future arising out the subject motor vehicle collision.
The filing of a stipulation of discontinuance of the action with the court.
Please be advised that this answer shall not constitute legal advice, or create an attorney-client relationship.
Your friend can discontinue the action, or, if he used counsel, he can notify counsel to discontinue the action. If he does that, he will be responsible to reimburse counsel for all expenses that were laid out on his behalf. Although attorneys often do not seek back the costs of a failed litigatin, most that I know of, do seek back the costs when a client decides not to proceed.
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