20 Jan
Can a Release of All Claims Form be disputed?
Posted in automobile accident lawyer on 20.01.11
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My friend was injured in an automobile accident by the airbag. The airbag deployed as designed, but it caused total blindness in her left eye. Her lawyer had her sign this form so he could get paid by the other driver’s insurance. She received k out of 0k. The lawyer and hospital got the rest. She is blind in her left eye because of the airbag. Does this form release the other driver of further litigation? And does this form prevent Toyota from being sued? Can Toyota be sued if the airbag deployed as was designed? It is an older car. A 1997 Toyota Camry.
2 comments on this topic
20. January - 6:28 am
Before the settlement could be made, there had to be a release of claims. Her lawyer asked her to sign, she did. She has her $40 K and that is the end of it.
20. January - 6:28 am
Does this form release the other driver of further litigation? Yes, you can’t sue the other driver anymore.
And does this form prevent Toyota from being sued? No, the other driver’s insurance company doesn’t represent the car’s manufacturer. If a feature of the car malfunctioned (e.g. the air bag) which contributed to the accident or injures, this would be grounds for a lawsuit.
Can Toyota be sued if the airbag deployed as was designed? If the airbag deployed (or didn’t deployed) as it’s designed to, there would be no grounds for a lawsuit.