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Old 08-04-08 | 10:20 AM
  #177  
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kokomo61
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Joined: Nov 2006
Posts: 914
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From: Herndon, VA

Bikes: Giant OCR C2, Kona Jake the Snake, Scattante 650-R

UPDATE: PT continues to be hard, but they're having me do more, which is a good sign. Did 20 lengths in the pool yesterday (500 meters), but at an easy pace, with rest at each end. My calf cramped up a bit, but I don't see that as serious (means that I need to be swimming more).

Insurance company update:

I got a letter from the guy's insurance company agreeing with my damage estimates, which included the full retail value of the bike, the damaged accessories, and the cost of moving them from one bike to a new one. The letter offered to settle the property damage for the full amount I asked for. (I wasn't generous to them, nor did I pad it, but anything that was damaged, was claimed at full retail value).

The letter states:

"It is expressly understood that this release applies only to liability for the property damage which arose from the above stated event....this release does not affect any other rights, causes of action, or demands that the releasor may have for other damages, including but not limited to personal injury claims or other claims...."

So, I read that as I'm completely releasing them from any other property damage that could be claimed, but I'm NOT giving up my rights for any personal injury/pain and suffering claims. This is just for the bike, right?

The final paragraph also says - "This settlement is a compromise of a disputed claim and this payment is not to be construed as an admission on the part of the party or parties hereby released of any liability whatever in consequence of said accident."

I read this as that they're doing CYA for any other stuff (e.g., personal injury claim) so that what's done here isn't construed as accepting 'fault.'. That's done as part of any offer to settle PI/P&S, either before or after a lawsuit is filed.

Here's the question - is this standard language, and OK to settle the property claim, or do I need to have an attorney review this?
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2020 Giant Defy 2
Fuji Cross Pro
Scattante 650-R trainer bike
'06 Kona Jake the Snake



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