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Settling a Property Damage Claim and a Personal Injury Claim Separately

Filled under Damages and Compensation, Insurance Claims, Personal Injury, Property Damage on June 10, 2011 - no comments.

Q:  I want to settle my property damage claim with the other driver’s insurance company, but do not want to settle my personal injury claim at this time. Is this possible?

A:  If you settle for your property damage, but not your injury, because you are still receiving treatment, or for some other reason, you can do this as long as it is clear that you are settling your property damage claim only, and that your injury claim remains open. The Release or other settlement agreement, and the check, should clearly state “property damage only”, and make it clear that your personal injury claim is not being settled and may proceed in the future. An experienced injury lawyer should review the documents to make sure this is done properly and that you are protected.