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at fault, paying for damages, need release of all liability form

Discussion in 'Auto Accidents, Injuries' started by twistedlefty, Jan 15, 2014.

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  1. twistedlefty

    twistedlefty Law Topic Starter New Member

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    i rear ended a guy at a stop light (slid on the ice)
    i told him i would pay for the damages.
    he got 2 estimates for me, and now i want to pay him and put this behind me.
    i would like to have him sign something to protect myself from future litigation/liability (civil or otherwise)

    can this be written out longhand with proper guidance, or is there a form i can use which will protect me. also does a notary need to be present?
     
  2. army judge

    army judge Super Moderator

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    Just because you pay his tribute, he can't be prohibited from suing you.

    You can find forms purporting to insulate you online, by GOOGLING the appropriate words or phrases.

    You can get him to sign for receipt of the funds and for what purpose.

    That won't mean he will never change his mind and claim he now has NERVE damage, a broken heart, or a damaged psyche.

    These are the risks we take when we go without insurance.
     
  3. Betty3

    Betty3 Super Moderator

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    Also, what are you going to do if he will not sign? You most likely will not pay him & he will most likely report the accident to his ins. co. & they will be contacting you.

    Do you not have car ins. or do you just not want to use it & have a claim against you?
     
  4. twistedlefty

    twistedlefty Law Topic Starter New Member

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    thank you for the replies.

    i have insurance, i just thought it would be better in the long run to pay for it out of pocket, now i'm not so sure.
    the total would be $745.00

    i haven't had an accident in years so i'm not sure how it would affect my premium.
    i've been with American family for over 20 years but my agent recently retired and i don't really have any kind of relationship with the new guy.

    i just thought that before i paid him i would look into it more and that brought up the question of protecting myself with a release form of some sort.
    i really have no idea if i can protect myself this way, that's why i'm here asking for info and advice.
    thanks in advance for your responses and time to read all this.
     
  5. army judge

    army judge Super Moderator

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    Maybe you might wish to consider your state law.
    You appear to be reimbursing him $750.
    According to MO state law, SOME accidents with damages over $500 must be reported.
    Maybe yours doesn't qualify, but what IF he lies on you?
    Did you file an accident report with the MSP, local police, or the state?
    In many cases, people report that you LEFT the scene of the accident, as in HIT & RUN.

    Be wary of NOT reporting ANY accident.

    People will lie on innocent people.





    Filing an Accident Report

    For most accidents, you won't have to file an accident report. Instead, you'll just contact your insurance company. However, there are certain occasions where you will have to file an accident report with the DMV yourself. If all of the following are true, you should download a copy of a Missouri Accident Report:

    It has been less than one year since the accident (you should try to report the accident within 30 days to avoid penalties)
    The accident was in Missouri
    Someone in the accident did not have liability insurance
    If more than $500 of damage occurred or there was personal injury or death


    http://www.dmv.org/mo-missouri/accident-guide/
     
    Last edited: Jan 15, 2014
    Betty3 likes this.
  6. Betty3

    Betty3 Super Moderator

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    It seems from everything I have generally always read & heard, that the first thing you should always do after a car accident is report it to your own car ins. co.
     
  7. army judge

    army judge Super Moderator

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    Kind of, Betty.
    You should see if anyone needs medical attention.
    If appropriate, render first aid, and call "911", If necessary.
    Also ask for police assistance.
    Depending on where it happens, they may or may not respond.
    But, you've started documenting the event.
    Then pictures, exchange of information, etc...
    Its those person to person deals that often backfire.
    Any insurance company would tell you NEVER to admit to or acknowledge fault or apportion blame.
    That's for the police and/or the court to determine.
     
    Last edited: Jan 15, 2014
  8. twistedlefty

    twistedlefty Law Topic Starter New Member

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    yes, i reported it to them the next morning, they told me that i had a choice to claim it or pay for it myself, depending on how the other guy wanted to pursue things.
    i asked him to get 2 estimates and the total including several days car rental came to the figure i posted earlier.
    it seems that it would probably be wise to just let the ins co handle it. then i won't have to worry.
     
  9. Betty3

    Betty3 Super Moderator

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    Definitely agree with that - I was kind of taking it for granted that would be done. (ie check for injuries, call police....) I meant after all that (should have been more clear) - like report the accident to your ins. co. as soon as possible. The main thing I was trying to say is it is generally always suggested you report any acc. to your own ins. co. It's best that they know.
     
  10. Betty3

    Betty3 Super Moderator

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    I (myself) would let my ins. co. handle but that is just what I would do.
     
    Last edited: Jan 15, 2014

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