Maryland Injury Law Center
USAA offers a release form for minors in certain situations. If a minor is a beneficiary of a life insurance policy or has a custodial account, USAA may require a release form in order to distribute funds to the minor.
The USAA release form for minors typically requires the signature of the minor’s legal guardian or custodian, as well as the minor if they are of a certain age. The form may require information about the account, the minor’s information, and the purpose of the release.
USAA Minor Release Language
USAA’s release for minors includes this language, at least in the release we saw:
I/We do hereby state that said minor is completely recovered from any and all injuries sustained as a result of said accident and promise to bind myself/ourselves jointly and severally, my/our heirs, administrators, and executors repay to the said ________________________ his/her heirs, successors and assigns any sum of money, except the sum above mentioned that he/she/they may hereafter be compelled to pay because of the said accident.
What Is USAA Trying to Do?
USAA is trying to put itself in the best position that it can to prevent minor plaintiffs from later disavowing the settlement. But it is silly to suggest that having the child’s parents affirm that the child has completely recovered is of any help. You could even argue it makes the problem worse: the parent(s) did not even know the child was so severely injured.
How can parents offer this expert opinion, anyway? Which leads to the other problem? How do parents sign this release when they really can’t authoritatively speak to the issue? I think the best strategy for accident lawyers dealing with these types of releases is to simply cross out the offending language.
- Release appellate opinion: defense trying to use an old release in a new case