I opened my door into traffic and this guy hit it, ruining his fender. I've agreed to pay him for the damages we've assesed but I need to draft a contract releasing me of any future responsability. Can anyone help?
2006-12-08 15:13:41 · 6 answers · asked by alan p 1 in Cars & Transportation ➔ Insurance & Registration
Well I'm against out of pocket settlements, but a general release usually names all parties, names when the loss occurred and where, and says that in exchange for the money the other party agrees that this is full and final and cannot make any further claims or sue you or take any further action against you. Usually there is language about how this is a payment for a disputed claim and you deny any and all liability. Get someone to witness it.
I have seen out of pocket settlements go bad, but if you've already gotten this far, maybe this will work out. By the way, this is an at fault loss, and it doesn't matter if your vehicle was moving or not, so it would be considered surchargeable by your insurance company. Whether your rates go up, I can't say, nad it may not be as much as you're about to pay this person. But it's up to you. Best of luck to you.
2006-12-08 22:12:01 · answer #1 · answered by Chris 5 · 0⤊ 1⤋
Assuming both of you discussed the situation at the scene of the accident, as long as nothing was put in writing yet, I would just call your insurance company and put in a claim. I know that sounds like an insurance agent talking (and I am one), but you opening your door into traffic should not go down as an at fault accident, as your vehicle was not in motion. It is every driver's responsibility to maintain control of his vehicle, and if he hit your door, he didn't comply with his end of the bargain. Worst case scenario for both of you is the insurance company denies the claim and your stuck dealing with each other anyway. But realistically, his insurance company will pay for his vehicle, your company will pay for yours, and neither of you will see a rate increase because it isn't an accident where fault can be assigned, and no fault means no rate hike.
2006-12-08 15:41:38 · answer #2 · answered by jkrtattoo 1 · 0⤊ 1⤋
You should contact your local traffic court. ( Judge) This is a common form used and accepted by the courts. Obtaining a copy of it and having it properly executed will release you of any liability. Good Luck
2006-12-08 15:20:43 · answer #3 · answered by Dumb Dave 4 · 0⤊ 1⤋
Consult with an attorney on that. If you get it wrong, you could wind up in serious financial trouble.
2006-12-08 15:17:55 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 1⤋
depends on what state you are in, i Kansas they have a "no fault clause"....both pay. Never agree to guilt until you talk to your insurance company.
2006-12-08 15:18:28 · answer #5 · answered by Anonymous · 0⤊ 1⤋
go to handelonthelaw.com an look for one they are free to print an use.
2006-12-09 20:08:28 · answer #6 · answered by scooprandell 7 · 0⤊ 0⤋