Trying to settle an accident without filing insurance claim

[Budman6]

What is the name of your state? WV
My son backed into a parked vehicle, we notified the owner and the police, no violations were issued, the cop said contact respective insurance agencies or settle between each other. I told the woman to get an estimate, I would write a check for that - she said ok. Then her mom called and said that wasn't acceptable - they wanted me to pay the body shop that they had selected themselves and to pay for a rental while the woman's car was in the shop. I said, ok, but I would like for the woman to sign an agreement which stated that I would pay for repairs and the rental directly to the respective companies and that I would be release from any further liability with regard to this incident. She said ok. I wrote an agreement stated all this, made 2 copies, signed each one and gave them to the woman. NOW, the woman's parents are telling her not to sign any agreement. I want to get this incident settled once and for all. I think I need to have a release of liability so that they don't keep coming back saying ,, the car didn't used to make this noise, it doesn't run as good as it used to, etc.
What do I do if they refuse to sign the agreement and release???

 

[shell007]

Your son caused the damage. Although what you are trying to do is a nice gesture...she does not have to agree to "YOUR" terms.

She can simply make a report and file a claim with your insurance company and they will handle it.

Quite possible that now that she has a letter, " of you claiming liability" with your signature on it and "willing to pay damages", this may also work against you in the end if you ever try to dispute anything.

Just my opinion...Stand by for other opinions. If I'm wrong...someone will correct.

 

[stephenk]

you can tell the girl that without signing the release you will not pay for the repairs or the rental. Tell her if she made a claim with your carrier she would be required to sign a release too.

How much money are you talking about for the repairs?

 

[Budman6]

Well, there is no dispute that my son caused the damage and I understand that I am responsible for the damage.

But the aggravating part is that the woman has agreed to different things, such as me just writing a check to her for the estimate received from the shop and then change her mind. The agreement that I signed was titled "AGREEMENT" and legally, doesn't it take 2 or more to agree on anything? I agreed to pay under certain circumstances - that once the car is repaired, they can't continue to come back to me for further complaints. It is my opinion, that until they sign, I'm not obligated to their terms either. I mean, the body shop won't bill me unless they have something saying that I will. The woman can't take the car up there and say, "Fix it and send the bill to Bud."

I'm just frustrated because I've been trying to get all this resolved and it seems like her parents are just being stubborn and I'm a bit worried that the mom might try to milk this for all it's worth.

I did talk to an attorney at work, he doesn't think a release is being unreasonable - in fact he thinks it's necessary if we are going to handle this without using insurance. By the way, I've talked to the insurance company and I think it will be much cheaper to me handling it this way than filing a claim. (raised rates, loss of accident free discounts, etc)

 

[Budman6]

stephenk,
I told her, that an agreement and a release is standard business practice for any type of repair work. For example, if you have work done on your house, the contractor will write a contract specifying what he will do and how much it will cost.
I did not tell her that the insurance company would require the same thing - I do not know much about how car insurance works, I've never really had to use it.
The total amount will be about $2,100.

I have thought about telling her that if she doesn't sign, I won't agree to pay. But then, what happens next? I would imagine we would go to magistrate's (used for small claims in WV) court. And I would imagine he would say that I fix the car and for her to sign the *&%$@# agreement and release (sarcasm)