Is Signing a Release for Settlement with the Insurance Company a Good Idea?

Figuring out whether or not signing a release for settlement with the insurance company is a good decision can be complicated. When you sign the form, you accept their settlement offer, and they must make the payment within 30 days. However, keep in mind that signing the form means you are giving up your right to make any future claims related to the accident or injury. Once you sign the settlement, the insurance company has no further liability for anything beyond the settlement.

Signing a settlement release can be in your best interest if you’re satisfied with the amount and ready to close your case. Without guidance from an experienced personal injury lawyer, or if you’re dissatisfied with the offer, signing could prevent you from taking further legal action and mean missing out on full and fair compensation (including further payments for medical costs and other losses).

Is Signing a Release for Settlement The Right Move?

What Is a Release of Claims Form, and What Does It Do?

A settlement release of claims form is a legal document that details the terms of your settlement agreement with an insurance company. It’s a key part of the settlement process and usually includes:

• Details about your bodily injury claim
• The agreed-upon amount for damages from the accident (like your medical bills and lost wages)
• A clause releasing all claims against the responsible party and their insurance company in exchange for the settlement amount

When an Insurance Release Form May Not Be Available

In some cases, the insurance company may not need you to sign a liability waiver form before making a payment. For instance, a claim with your own insurer may not require a release of claims form. However, when receiving money for an accident from an insurance company, you will likely need to sign a release of claims.

Do I Have to Sign Release Forms Before I Get My Settlement Check?

In most cases, you’ll need to sign an insurance company release form before receiving your settlement check. Under Illinois law 735 ILCS 5/2-2301, known as the Prompt Pay Statute, a release form must be provided within 14 days of written settlement confirmation. Payment must then be made to the injured party within 30 days of signing the release.

When Should I Sign a Release of Claims Form?

In many cases, it makes sense to sign a release of claims form and accept the insurance company’s offer:

When There Is No Injury Claim

If you’ve been in a car accident with no injuries, signing a property damage release can help you get your car repaired faster. If the settlement offer seems fair, signing a release of claims form can make the repair process quicker and easier.

When There Is an Injury Claim

Before signing a release of claims form for a personal injury claim, make sure to consult an experienced personal injury attorney. They can review your case to ensure your rights are protected and that you can still seek additional compensation for medical expenses if needed. Once you’re confident the settlement terms are fair and cover your costs, you can sign the form and receive your settlement check.

When Should I NOT Sign an Insurance Release Form?

In many personal injury cases, it’s crucial to have the insurance release form reviewed by personal injury attorneys before you sign. If you’ve been seriously injured, consult a personal injury lawyer before signing anything. Before signing a release of all claims form, it’s crucial to ensure that all necessary damages related to the accident are included in the settlement agreement and that you understand the implications of signing it.

What If I Get an Offer by Phone?

If an insurance adjuster calls, they may sound sympathetic and present an appealing initial settlement offer. This can be just as binding as a contract. Accepting a few thousand dollars and three months of medical bills might seem fine at first, but it could cause problems if your injuries last longer. What seems minor now might become more serious later. That’s why it’s important to talk to an experienced lawyer to make sure you get a full and fair settlement.

What Happens If I Sign a Release of Claims Form and My Condition Gets Worse?

Unfortunately, seeking fair compensation from an insurance company after signing a release of claims form is rare and difficult. For example, if you were rear-ended and weren’t too worried about a sore neck, you might want to repair your car quickly. To do this, you’ll likely need to sign an insurance release form.

Read the release offer carefully and ensure you’re only signing for property damage. This is a legally binding document, and if it states that you waive all future damages, you won’t be able to seek further compensation if your sore neck turns out to be the first sign of a spine injury requiring further treatment. Before signing an agreement, make sure you have reached maximum medical improvement or have a stable medical status.

Signed Releases Are Strictly Enforced in Illinois

In Illinois, signed accident claim releases are strictly enforced and can only be overturned in rare cases—such as when significant settlement disparities arise or if a person with disabilities was misled and didn’t fully understand the agreement.

Contact an Experienced Personal Injury Attorney

If you’re in a car accident with an at-fault party involved, consult our law firm before signing a release of all claims. We offer a free consultation with an experienced attorney. Our personal injury attorneys can explain the legal process, assess the extent of your injuries, and negotiate settlements with the insurance companies for medical treatment, future medical expenses, lost wages, and more—protecting your right to seek further compensation.