Two new files almost made me cry today. Each client had a great downtime claim…but they each signed a release that, unbeknownst to them, gave up all their rights to go after any money for their downtime losses.
It is so important to completely read any paperwork that you are asked to sign. Look on the front and back of all documents for any additional fine print.
Here are 3 things to remember when settling a claim and signing a release:
1. Property Damage Release covers more than repairs.
The term Property Damage means more than the physical damage of your truck. It also means all other non-medical expenses of the accident, like towing, rental, downtime loss of use, and diminished value. Plus, if hidden damage is found after signing the release, you may be unable to collect those expenses.
Insurance adjusters often take advantage of claimants who don’t understand the insurance company’s definition of property damage. Adjusters know the power of a property damage release and how it gets them off the hook from all property damage claims.
2. Be very careful of general releases!
General releases cover both property damage and personal injuries. If you have any medical bills or bodily injuries, do not sign any release without the advise of an attorney.
3. Releases can hide on checks!
Before cashing a check, double check the front and back of it, as well as the stub and any enclosed letter. If you cash a check that has release language on it, you may be giving up any additional losses related to the claim.
Moral of the story, think twice before signing a release. Read everything carefully and get the advice of a lawyer. If our office is hired for a downtime claim, we will review any property damage releases complimentarily, even if we aren’t hired for that portion.
For a video on the same topic, see Think Twice Before Signing a Release.
For help with your claim and any releases, complete our get started form and we will contact you or call 1-800-DOWNTIME.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.