| Wolfdio |
I was in an accident, agreed to settle outside of court/insurance and before the money gets swapped around for repairs, what should be put in the contract so that its settled then and there? Is there a general form I can print out or pick up somewhere or is "the accident on (date) is settled" enough?... oh, and the other party just happened to be a company's truck if that matters.
thanks in advance :thumbup: |
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| AudiInProgress |
Have you guys filed police reports yet?
That's first thing...
And then get in writing that the company driver is admitting 100% liability and agree's to pay for damages.
There was a situation like this not too long ago, where a company driver hit some kids car, and then tried to screw him over. |
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| Wolfdio |
| oh yeah, reports filed right after the accident. But thats all thats needed? claiming liability and paying for damages? ok then. |
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| TrevorK |
The party that is at fault should ensure that the other party waives their right to sue for personal injury relating to the accident.
Sometimes you will settle out of insurance, then the individual comes after you to sue for injury and you're stuck going through insurance anyways. |
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| MX5 Miata Guy |
quote:
Originally posted by TrevorK
The party that is at fault should ensure that the other party waives their right to sue for personal injury relating to the accident.
An no sane person would waive such a right, for you have time to make a claim for personal injury, as time is sometimes required for things to become apparent. |
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| TrevorK |
quote:
Originally posted by MX5 Miata Guy
An no sane person would waive such a right, for you have time to make a claim for personal injury, as time is sometimes required for things to become apparent.
Then why would any "sane person" settle their accident out of insurance?
If the victim states they are injured you automatically have to pass it on to your insurance since you'd be a fool to pay to fight it out of your own pocket. Then, you pay the increased rates as if you claimed the physical damage as well.
Many people sign away their right to a personal injury claim, it's common practice with insurance settlements to give you the money for the physical damage immediately and have you sign a personal injury waiver to avoid future issues. |
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| HEWSINATOR |
quote:
Originally posted by TrevorK
Many people sign away their right to a personal injury claim, it's common practice with insurance settlements to give you the money for the physical damage immediately and have you sign a personal injury waiver to avoid future issues.
This is true. |
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| SilverNeonRacer |
| Every accident I've been in, the insurance co settles the car damage and injuries seperate... once they pay out for the injury side, like for a soft tissue or what not, time off work, meds, etc then they have you sign a release for the injury side.... and I sign the car damage side when I pic up the car from the body shop. |
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