Court Denies Motion to Dismiss Case Based on Premature General Release Obtained by the Defendant’s Insurance Company

Within a few days following a motor vehicle collision, the negligent driver’s insurance company obtained a release of liability from our client for only $1,000.00. Our client insisted that this payment and release was only with regard to medical payments, and not a full release of her claims for pain and suffering. Insurance adjusters sometimes lure unsuspecting victims to provide such releases, even though the victim has no idea yet as to the severity of their injuries. Here, the Court found that there were triable issues concerning the scope of the release and whether it covered all of her claims for damages including pain and suffering.