Jump to content
carquestion111

Legal Contract for Accident Settlement

Recommended Posts

Hi,

 

I was in a minor accident where I rear-ended someone while exiting an off-ramp. The damage was minor and we decided to handle outside of insurance. He got his car checked by a friend and said it will be $500 to fix the car (no paper estimate). I want to create somewhat of a contract to insure that he will not claim through insurance after I pay him however. He seems sincere but I want to cover my bases. I want to be sure my contract is legal in MA. Does anyone have any pointers? Do I need to include anything specific to make sure this is valid? I have no idea how to find a notary, is it even necessary in MA? Here is my draft (I crossed out names, license plate numbers, details etc.):

 

 

Car Accident Full Settlement Contract

Date: ______________

 

I, _____________________, accept as payment in full the amount of $500, as mutually agreed upon, from XXXXXXXXXX, as full settlement for any and all liability, including but not limited to car repairs, arising directly or indirectly from the minor car accident occurring between my 2013 Dodge XXXXXXX (license plate: XXXXXX) and XXXXXXXX's 2013 Toyota XXXXXXX (license plate: XXXXX) on DATE at approximately TIME in TOWN, MA.

 

I, _____________________, further acknowledge receipt of said compensation, $500 as mutually agreed upon, on date ______________.

 

 

Owner of 2013 Toyota XXXXX (license plate: XXXXXXX):

Name: XXXXXXXX

Signature: ____________________________

Date: ________________________________

 

Owner of 2013 Dodge XXXXXXX (license plate: XXXXXX):

Name: _______________________________

Signature: ____________________________

Date: ________________________________

 

 

 

 

 

Share this post


Link to post
Share on other sites

carquestion111,

 

Thank you for the post. This is really something you should have an attorney look into as contractual language is something only a lawyer can fully explain to you. Also, there are many dangers in drafting your own agreements, the language used and the implications drawn from the agreement could have unintentional consequences.

 

Note that you may want to look into including what is called a release provision, it stops the other party from bringing a future lawsuit against you with regards to this same accident.  If the most practical way for you to continue is to do it yourself, we have a Personal Injury Waiver and Release form on our site.

 

If you do indeed want to check with an attorney, you can start your search with our lawyer directory.

 

Please feel free to continue to post your legal questions at our forums,

 

-The FindLaw.com Team

Share this post


Link to post
Share on other sites

 

 

Does anyone have any pointers? Do I need to include anything specific to make sure this is valid? I have no idea how to find a notary,

 

 

 

You can find a notary at your bank. Call ahead to make sure. Then arrange to do the payment and release at the bank and get the release notarized.

Edited by Findlaw_FN
This post has been removed for violations of the Community Guidelines. Please see the Community Guidelines for more information about our linking policies. -Moderator

Share this post


Link to post
Share on other sites

You're basically seeking focused legal advice, which you can't get from an Internet message board (or, stated differently, no one should be providing on a message board).

 

Notaries can be easily found with a simple google search, but notarization of this sort of agreement wouldn't be necessary.

Share this post


Link to post
Share on other sites

Does anyone have any pointers? Do I need to include anything specific to make sure this is valid? I have no idea how to find a notary, is it even necessary in MA? Here is my draft (I crossed out names, license plate numbers, details etc.):

 

Google "release of all claims" and you'll find several sample formats to choose from.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...