If I sign an insurance settlement and release form, can I claim later?

In principle, no. A settlement and release form in which you declare that you have been fully compensated and waive any further claim is an agreement that binds you, even if you later think you were paid too little. But it only covers what was in dispute when it was signed. You can claim if damage appears that was not known at the time and that the settlement therefore did not include, or if your consent was defective, for example because you were deceived. That is why, before signing, it is advisable to check the figure carefully or to accept the money on account, reserving your right to the rest.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

Before signing

  • Check that the amount covers all the damage, including what you have not yet paid for, such as a pending repair or treatment that has not finished.
  • Read what you are signing. If the document says that you waive any present or future claim, it is a settlement and release form. If it only says that you are receiving a sum, it is a receipt.
  • Do not sign before you have been discharged from medical treatment or without having seen the expert's valuation.

How to get paid without waiving your rights

  • Write next to your signature that you are receiving the amount on account and without waiving your right to claim the difference.
  • Your insurer must pay you, within 40 days of being notified of the claim, at least the minimum amount it may owe based on what it already knows, without requiring you to waive anything in return. If it makes payment conditional on a settlement and release form, it does not escape late-payment interest.
  • In road traffic accidents, the law expressly prohibits making payment of the offer conditional on the victim waiving any further claim.

When you can claim afterwards

  • If damage or after-effects appear that were not known when you signed and that were therefore not included in the agreement.
  • If you were deceived or signed because of a serious mistake about what you were signing. You must ask for it to be annulled within the following four years.

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.