QUESTION
What does this clause mean in a property damage release and why is it in there?
Asked on Oct 19th, 2013 on Personal Injury - Oklahoma
More details to this question:
"...And that the payment is not to be construed as an admission of liability by the parties hereby released by whom such liability is expressly denied."
9 ANSWERS
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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Standard release words- like pleading no contest in a criminal trial. We are paying ,but not admitting liability so no other persons can use the settlement as proof of the settling parties fault and liability.
Answered on Oct 22nd, 2013 at 6:14 AM
The phrase means that the person is willing to pay the amount of money specified but does not admit they are paying the amount for being responsible for any tort or crime. The phrase is entered so that it cannot be construed as an admission of guilt or liability if suit is later brought.
Answered on Oct 22nd, 2013 at 4:56 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In any Release the defendant's will deny liability and indicate that they are simply making a business decision to buy peace by settling. They don't want any admission of liability to be publicized and/or used in subsequent litigation. It is a typical clause.
Answered on Oct 21st, 2013 at 12:15 PM
Motor Vehicle Accidents and Injuries Attorney serving Fayetteville, NC
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Beaver Courie Law Firm
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This is a fairly standard provision in releases. It means that even though the insurance company paid for property damage, the company is not admitting that it or its insured is liable. If the company paid the full value of the property damage, the company accepted responsibility, but the fact that it paid for the property damage cannot be used against the company or its insured in any other proceeding.
Answered on Oct 21st, 2013 at 10:50 AM
Ronald A. Steinberg
Just what it says. They are paying but not admitting that they did anything wrong.
Answered on Oct 21st, 2013 at 9:52 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Releases release but they usually don't admit fault. What difference does it make it you get your money if you don't get paid that is another matter.
Answered on Oct 21st, 2013 at 9:52 AM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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This is a standard clause. It permits the party paying money (and its insured)to take the position that the payment does not constitute an confession that the paying party was legally-required to make the payment. There are a number of reasons why a paying party may want such a clause, such as collateral estoppel issues (e.g. if there are personal injury claims that may be asserted against the paying party or its insured in the future); media relations; and internal organizational concerns.
Answered on Oct 21st, 2013 at 9:10 AM
NA richard@jandjlaw.com
Boilerplate. They never admit fault. They buy their peace.
Answered on Oct 21st, 2013 at 9:02 AM
It means both sides agree that this is a settlement of a dispute, Both sides agree that settling the matter does not establish any wrongful or negligent conduct by the paying party. Makes sense. The matter has not been to court. No evidence presented or ruled upon. Injured party gets paid without the expense of trial or the risk of losing at trial. Paying party gets to pay a known amount, no finding of liability, no coming back for more.
Answered on Oct 21st, 2013 at 8:59 AM