The Law & You

I Signed a Release for My Car Accident Claim but I Need Back Surgery. What Now?

The Law & You
August 27, 2018

The Law and You

I Signed a Release for My Car Accident Claim but I Need Back Surgery. What Now?

After getting into a car accident, an adjuster offered the victim a settlement of $1,500. The victim signed the release but was later told she needed back surgery. What now? Car accident lawyers Greg Fellerman and Ed CIarimboli explain.

Dave Kuharchik: We got a question about a car accident in this edition of “The Law & You.” Back with us today, Attorneys Greg Fellerman and Ed Ciarimboli. A lot of the kids going back to school and good to see you guys are back where you belong here tonight.

Ed Ciarimboli: My kids, it was their first day of school. I’m pretty sure they hated every minute of it.

Dave: Yeah, it’s always tough to make that transaction back. But we’ll take your mind off things. Kids, if you’re watching tonight, we’ll talk about a legal issue here. This is going to be from Tammy in Lewisburg. Tammy says, “I was in a car accident and the adjuster from the other insurance company showed up to my house, offered me $1,500 and I signed a release of all claims. My doctor told me I need back surgery.” Can Tammy do anything about it?

Ed: Possibly. Because we actually have had a couple of cases very similar to this where the insurance company represented. She didn’t say how long it was after, sometimes if the insurance adjust showing up like the day of the crash or the day after the crash, and you’re still suffering from the psychological events of that crash, then you cannot enter into that contract knowingly, willingly and to be able to execute that release for that amount of money. So, we have been able to invalidate some of those releases on that basis. But now, if it’s a couple of weeks after the crash, you’re probably going to be out of the box and that release is probably going to stand. So, kind of the closer it is to the time of the crash, the stronger argument you have in invalidating it.

Greg Fellerman: And the thing is, with these releases there’s no reason why anyone should sign one of these so close to an accident without seeking a lawyer. These adjusters that show up are very skilled, they know what they’re doing, and they’re trying to buy your claim for pennies on the dollar. The only person that loses is you. The insurance companies win. Don’t sign without talking to us.

Dave: All right, if you need legal advice, it’s easy to do that and talk to the attorneys. You can call them, check them out online. And don’t forget results matter. Attorneys Greg Fellerman and Ed Ciarimboli, thanks, guys.

Ed: Thanks. Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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