After My Car Accident, Should I Sign an Insurance Company Release?

The Growing Insurance Tactic: Settle Early, Even Before You Know How Bad You're Hurt

In recent months, there's been a disturbing trend: large insurers, including State Farm, Progressive, Farmers, GEICO, Allstate, and others, are increasingly pressuring car accident victims into signing a full release and settling rapidly. These offers often come before the total extent of your medical bills, injuries, or lost wages is known.

This tactic can leave victims stuck paying for unexpected medical treatment, long-term care, or recovering lost income later after they've already signed away their rights.

A recent report from Queensland, Australia, stirred concern when legal experts warned that insurers are offering settlement forms and pushing for them before long-term impacts are fully understood. One victim comparing offers soared from $5,000 to nearly $100,000 after legal help intervened. Experts flagged insurers "jump on that opportunity ... as quickly as they can" before full damage is known.

Kansas Law Protects You: K.S.A. § 60-2801

Fortunately, Kansas law places a clear limitation on this exploitative tactic. Under K.S.A. § 60-2801:

7 Ways Insurance Companies Take Advantage of Unrepresented Car Accident Victims

Insurance companies often count on victims not having a lawyer. These are common tactics used across the U.S.:

1. Quick Release Pressure: They offer a seemingly fast, "take-it-now-or-lose-it" settlement before injuries fully manifest or expensive diagnostics come in.
2. Lowball First Offer: Early offers are almost never the full value of your harm; they're designed to get your signature and close the file.
3. Recorded Statement Manipulation: Adjusters push you to give recorded statements before you understand your injuries or consult an attorney.
4. Delay Tactics: Repeated requests for the same documents or stalling strategies can wear you down financially and emotionally.
5. Misrepresenting Policy Terms: Complex insurance language can be twisted to deny or reduce valid claims, especially when you're unrepresented.
6. Medical Records Fishing: Insurers may push you to release extensive medical records, not just accident-related ones, to find pre-existing conditions to deny your claim.
7. Downplaying Liability or Sharing Fault: Adjusters may suggest you share blame or contest liability, lowering compensation, especially without legal representation.

What You Should Do Instead

• Do not sign any release or settlement within the first 14 days. It's both unsafe and likely unenforceable under K.S.A. § 60-2801.
• Refuse recorded statements until you've sought medical attention and legal advice.
• Document all injuries, losses, and medical care thoroughly.
• Consult with an experienced car accident attorney, like Bradley A. Pistotnik at Bull Attorneys, for a free case evaluation to ensure you're not settling too soon or for too little.
• Only consider settlement once injuries have been fully diagnosed, all damages are assessed, and an attorney advises it's fair.

In Summary

If you've been in a car accident, do not sign any release or settlement shortly afterward. Kansas law (K.S.A. § 60-2801) not only makes such attempts impermissible but allows you to disavow them. Insurance companies may push quick releases before your injuries are fully known, but at Bull Attorneys, Bradley A. Pistotnik stands ready to protect your rights and secure fair compensation.

Visit our Car Accident Practice Area or call for your free consultation today.