Summary
Settlement agreements often include a release of all claims clause, preventing future lawsuits. Incorrect contract details may affect enforceability. Punitive damages are paid by the at-fault driver in cases of egregious conduct. Consult a lawyer for personalized advice.Full Conversation
I was in a car accident. The at faults insurance company offered me a settlement for pain and suffering. It was asked or was discussed but in the contract they sent was a clause that said I couldn't sue them for anything else like punitive damages is that legal?
Yes, it's common for settlement agreements to include a release of all claims clause. This often means you can't sue for further damages. Always consult a lawyer before signing.
How can they add a clause that wasn't disscussed or asked?
It's legal for an insurance company to include such a clause in a settlement agreement even if it wasn't discussed. They do this to protect themselves from future claims. Before signing, it's essential to review the agreement with a lawyer who can explain its implications.
So what if the have the wrong date and city on the contract?
If the contract has incorrect details like the wrong date or city, it could potentially affect its enforceability. You should bring these errors to the attention of the insurance company and request a corrected contract. Always consult with a lawyer before signing.
Who pays punitive damages in a car accident?
Punitive damages in a car accident are generally paid by the at-fault driver. However, they are not awarded in every case, but only in circumstances where the at-fault driver's conduct was particularly egregious or reckless. Please consult with a lawyer for more details.
The at fault party admitted he was speeding and i think on his cell phone as he never hit his brakes before he hit me
Given that you believe the at-fault party was speeding and using their cell phone, have you filed a police report detailing these suspicions? This might impact the settlement agreement, especially if the conduct was reckless.
I was T-boned and flipped on the drivers side of my truck. He told the police that came to the accident that he was going over * mph of the speed limit
If the at-fault driver admitted to speeding, it could potentially impact the amount of damages awarded. In South Dakota, the law allows for punitive damages in cases of "willful, wanton or malicious" conduct. Please consult with a lawyer for more accurate advice based on your situation.
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