Recently, an appellate court issued an opinion in a car accident case involving a plaintiff who signed a waiver of liability in favor of the defendant insurance company. The case required the court to determine if the waiver was valid. Finding that there was some evidence suggesting that the plaintiff was subject to undue influence when asked to sign the release, the court permitted the plaintiff’s case to proceed toward trial for a jury to make the final determination.
The Facts of the Case
The plaintiff was involved in a car accident with another driver. The facts suggested that the other driver was at fault. The at-fault driver’s insurance company sent out an insurance adjuster to discuss the possibility of settling the plaintiff’s claim.