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  1. #1
    vhinrich is offline Member
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    Agreement to repair damages?

    What is the name of your state (only U.S. law)?

    I got into a minor car accident. Me and the other person agreed to settle this without involving the insurance company since the damage was under $200. If we do report it to the insurance company, both of our premiums would go up and that's senseless.

    Anyways, I'm going to pay this guy $180 by cash or check and I need to make a receipt/agreement that states that I paid him the money for the damages I caused and he can no longer hold me responsible for further damages nor be able to file a claim through insurance company, etc.

    Can you help me out? What do I write? How do I start? What should I include to close any loopholes if the guy tries to get more money out of me?

    Thanks in advance.
  2. #2
    ecmst12 is offline Senior Member
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    HIS insurance will not go up by reporting it to the insurance company, only YOURS would go up.

    Keep your release simple in language you can understand. Payment of XX represents payment in full for the damage caused by the accident on X date at X location. Have him get it notarized.
  3. #3
    vhinrich is offline Member
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    Quote Originally Posted by ecmst12 View Post
    HIS insurance will not go up by reporting it to the insurance company, only YOURS would go up.

    Keep your release simple in language you can understand. Payment of XX represents payment in full for the damage caused by the accident on X date at X location. Have him get it notarized.

    Actually, his insurance would go up if he had any prior accidents (at-fault or no-fault) or traffic violation ticket within three years, depending on the insurance. They are called accident-prone and their insurance would go up slightly.
  4. #4
    ecmst12 is offline Senior Member
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    Maybe, maybe not. He won't get the large surcharge you would get for CAUSING an accident. He is doing you a favor by settling outside insurance.
  5. #5
    ecmst12 is offline Senior Member
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    And do you remember what I said about keeping the release short and simple? You should not be using legalese if you are not actually a lawyer. It doesn't need to be overly formal or have any fancy language. It is better to write something yourself then copy something you don't fully understand off the internet.
  6. #6
    vhinrich is offline Member
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    Quote Originally Posted by ecmst12 View Post
    Maybe, maybe not. He won't get the large surcharge you would get for CAUSING an accident. He is doing you a favor by settling outside insurance.

    That's the problem. I don't know if he's doing me a favor because he's asking for cash or money order (he refuses to accept a check because he thinks it may bounce). I don't want to pay him and then afterwards him filing a claim with my insurance. I'm going to have him sign the agreement below. Do you think this agreement will hold up if he files a claim through my insurance or tries to sue me?

    Release of Accident Claims

    The undersigned _________________________________ (“Releasor”) does hereby, for Releasor and Releasor’s heirs, executors, administrators, and personal representatives, release and forever discharge _________________________________ (“Releasee”) and Releasee’s agents, insurance companies, servants, successors, heirs, executors, administrators, and personal representatives, from all actions, any and all manner of claims, demands for or by reason of any damage, causes of action or suits, including but not limited to claims and suits for bodily injuries that Releasor had, might now have or that might subsequently accrue to Releasor by reason of, or in any way directly or indirectly, connected with, or arising out of the accident occurring on or about ___________________________ (date of accident) at ________________________________________…
    ______________________________________… (location of accident) between the following two vehicles:

    Vehicle #1 (Releasor’s vehicle)
    Year________ Make_____________ Model_____________ VIN #__________________________
    Vehicle #2 (Releasee’s vehicle)
    Year________ Make_____________ Model_____________ VIN #__________________________

    For the same consideration, the Releasor further agrees not to make any claims or undertake any proceedings against the Releasee or any other person or entity which may claim contribution or indemnity under the provisions of any statute or otherwise.

    The Releasor agrees to take full financial responsibility for any and all repairs of damages to only Releasor’s vehicle and/or Releasor’s personal property caused by the accident stated herewith.

    Furthermore, the Releasor declares that he/she has not engaged into any actions, claims, demands, causes of action or suits, including but not limited to claims and suits for bodily injuries related to the aforementioned accident preceding the execution of this Release of Accident Claims.


    IN WITNESS WHEREOF the Releasor has executed this Release on ___________________________
    (handwritten date by Releasor)

    _____________________________
    (Signature of Releasor)

    _____________________________
    (Print Name)

    _____________________________
    (Driver License Number of Releasor)

    _____________________________
    (Current Address)

    _____________________________
    (City, State, Zip)
  7. #7
    ecmst12 is offline Senior Member
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    Far, FAR too complicated.

    I (his name) agree to accept $XX from (your name) as payment in full for damages caused by the accident on (date) at (location).

    It really is that simple.
  8. #8
    vhinrich is offline Member
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    Quote Originally Posted by ecmst12 View Post
    Far, FAR too complicated.

    I (his name) agree to accept $XX from (your name) as payment in full for damages caused by the accident on (date) at (location).

    It really is that simple.
    True it's that simple. But I just don't want to give that guy an opportunity to later on say that he has medical problems because of this accident and I don't want to be held responsible for it. Plus, I just want to make sure that he doesn't file a claim on top the money I already paid him.

    I know it's only a matter of $200 but there's something about this guy and his unwillingness to get an estimate when I'm present plus his want for cash or money order only. That sends of red flags all over the place. Wouldn't you suspect a foul play brewing?
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by vhinrich View Post
    True it's that simple. But I just don't want to give that guy an opportunity to later on say that he has medical problems because of this accident and I don't want to be held responsible for it. Plus, I just want to make sure that he doesn't file a claim on top the money I already paid him.

    I know it's only a matter of $200 but there's something about this guy and his unwillingness to get an estimate when I'm present plus his want for cash or money order only. That sends of red flags all over the place. Wouldn't you suspect a foul play brewing?
    That's what releasing you from all damages means. You could clarify to say he releases you from all present or future claims for property damage or injury related to the accident.
  10. #10
    ecmst12 is offline Senior Member
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    If I were you, I wouldn't pay him a PENNY without a written estimate.
  11. #11
    vhinrich is offline Member
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    Quote Originally Posted by ecmst12 View Post
    If I were you, I wouldn't pay him a PENNY without a written estimate.
    I won't. He is supposed to meet me tomorrow to show me two estimates. One from his "mechanic" and one from Pepboys.

    His mechanic wanted $180 to repair it. I thought that was too much for the damage so I said I would like to get an estimate from my mechanic or a shop of my choice. He was reluctant and then we agreed to go to a "chain" shop(Pepboys) together to get an estimate. Apparently, he went without me and claims that the Pepboys estimate was $350. Now he says he doesn't have time to go to his mechanic because he's far away and he wants to get it done at Pepboys and that's why he wants $350.

    Should I pay him $350?

    Oh yea, and he wants me to pay HIM so here's what I'm thinking to tell him: I will pay HIM $180 to do anything he wants to with the money or I will pay directly to PEPBOYS $350 for the repairs. Any one of the two options only if he signs the agreement that I mentioned above. Does that sound fair?
  12. #12
    racer72 is offline Senior Member
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    You pay him, not Pepboys, you have no right to force the other person to fix the car.

    Heres the release you need, no need to keep posting.

    http://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/agreement-pay-car-damages-505212.html
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  13. #13
    vhinrich is offline Member
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    Quote Originally Posted by racer72 View Post
    You pay him, not Pepboys, you have no right to force the other person to fix the car.

    Heres the release you need, no need to keep posting.

    [url]http://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/agreement-pay-car-damages-505212.html[/url]
    I don't have the right to force him to do anything but I'm paying him for the damages I caused, not for his enjoyment. Once again, I can get this done at a local shop for half the price but he doesn't want to because he just wants to get as much money out of me as possible.

    I'm willing to pay HIM for the cost of repair at local shop but if he wants to go to a high end place to get the job done which can be done for half as much money, I'm not willing to pay him for that. It's like taking a 15 year old rusty Taurus to a BMW dealership to get it fixed because someone else is paying for it.
  14. #14
    ecmst12 is offline Senior Member
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    Wrong. You pay him the cost to repair the car. If he chooses to repair it, he can. If he chooses to keep the money and accept the reduction in his car's value, that is his right. You owe him the same either way.

    You should have accepted the $180 estimate without question, that is a STEAL when it comes to body work. I don't know I ever saw one that low, maybe once for scuff marks that just needed to be buffed out, with no paint or fill in needed. The $350 estimate is likely more realistic. If he were to take you to court, he could very likely be awarded the $350, or the average of the 2 estimates at least.

    Remember, he is DOING YOU A FAVOR by not going to your insurance company.
  15. #15
    vhinrich is offline Member
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    Quote Originally Posted by ecmst12 View Post
    Wrong. You pay him the cost to repair the car. If he chooses to repair it, he can. If he chooses to keep the money and accept the reduction in his car's value, that is his right. You owe him the same either way.

    You should have accepted the $180 estimate without question, that is a STEAL when it comes to body work. I don't know I ever saw one that low, maybe once for scuff marks that just needed to be buffed out, with no paint or fill in needed. The $350 estimate is likely more realistic. If he were to take you to court, he could very likely be awarded the $350, or the average of the 2 estimates at least.

    Remember, he is DOING YOU A FAVOR by not going to your insurance company.

    You see, at the time of the accident, only a small piece of plastic (about 2-3 inches long) was recovered. At time, I guessed that was the only thing holding the headlight in place that needed replacement. So I thought it would be far less than $100. Even the cop at the scene (I know a cop is not a mechanic) estimated the damage to be $50-$75. So I thought it was less than $100.

    Plus his unwillingness to get a second estimate at my choice of body shop kind of made me wonder about his intentions.

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