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[jolie]

Both me and my daughter was in a accident. I am done with treatment and ready to settle, but she still need more treatment. The insurance company sent me a form to sign "RELEASE OF ALL CLAIMS". I need to make sure this is not closing my daughter portion out. We both are listed under the same claim number cause she is a minor. Can anyone tell me is this the way it works an if this the title of the claim form. I guess the title is freaking me out since it says ALL CLaims. Although the first page of the coversheet says. Enclosed is our release of all claims in settlement of YOUr claim. I just want to make sure I am not signing off on my daughter claims. Any advice this is all new to me.

[montrel68]

Ask the adjuster.

These should be separate claims, your daughter is still a different individual even with you as her guardian. Ask why there aren't two separate claims?

[abelard29]

It depends on how the name on the release reads. If it is just your name then it is only for your injury claim. If it mentions you as guardian with your daughter's name, then do not sign it as it would be to settle your daughter's claim as well. The injury claims are two separate claims and must be settled separately.

[laureano97]

1 claim number gets assigned to the entire claim. That means all injuries, property damage and every single expense related to that claim has the same claim number. The claim number applies to that entire file.

Your claim is separate from your daughters claim.

Since she is a minor, you will have to sign a parents and guardians release for her. In some states,minors claim has to go before a judge and get court approval.

If the amount on the final release is the same amount you and the adjuster agreed to for the settlement of your claim then it's pretty clear that the final release applies to your claim only.

Call the adjuster up and the adjuster can explain how the minor child's claim will be handled. It can vary by state.

[teyo]

1 claim number gets assigned to the entire claim. That means all injuries, property damage and every single expense related to that claim has the same claim number. The claim number applies to that entire file.

Your claim is separate from your daughters claim.

Since she is a minor, you will have to sign a parents and guardians release for her. In some states,minors claim has to go before a judge and get court approval.

If the amount on the final release is the same amount you and the adjuster agreed to for the settlement of your claim then it's pretty clear that the final release applies to your claim only.

Call the adjuster up and the adjuster can explain how the minor child's claim will be handled. It can vary by state.

If you're both listed on the paperwork, then you're both included.

You probably need to ask them to send you different paperwork that doesn't reference your daughter.

It WILL be the same claim number. But YOUR release of all claims, should be separate from hers. Hers WILL still have your name on it, but yours should have ONLY your name on it.

[condan]

You did not mention your home state. State laws vary greatly from state to state. It would be very helpful if we knew your state.

Typically, there is one claim number for the accident, but they would have separate either sub-files or suffixes for each claim. And separate claim reserves too.

Generally speaking, you cannot settle a minor's claim. And the statute of limitations does not toll until they are 18 years old, plus one year. Most states require a minor's claim to be approved by a court of law, and then they require the settlement money be deposited directly into a trust account accessible only after the child turns age 18. They do that to make sure the parents do not spend their child's settlement money.

Some states allow the settlement of a minor's claim without court approval if the total settlement is under $5,000 or maybe $10,000. (Depends on state law, and we do not know your state.) In such cases, the parents would sign a "Parent/Guardian" type release that says if the child should decide to start a lawsuit when the kid turns 18, that the parents promise to return the money already paid, and defend and indemnify the insurance company from the child's lawsuit.

Again, some states require court approval for ALL settlements involving children, no matter how small. That's what California requires, for example.

However, parents do have the right to an independent claim for their child's medical expenses that the parents have incurred. And that would be outside of what we are talking about with the child's settlement.

In the same sense that a minor cannot be bound by a contract they sign, if a minor were to sign a settlement release, it would not mean anything. It is not binding.

The release you sign of "all claims" only pertains to your own claim, and your claim for any medical bills you paid for your daughter. It could not include your daughter, and your daughter will not sign it.

You should let your insurance adjuster know that you believe your daughter is entitled to a settlement, and see how he responds. He maybe doesn't even know she was hurt. You can still settle your claim, of course.