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accident...protect my self from small claims???

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dkitt10

Junior Member
What is the name of your state? Alberta, Canada

This seems to be all United States based but I believe what im after is very generic...

Any who, a young lady had asked me and pleaded for me to bring her to the closest city (few hours away)....which I ended up giving in...I wanted to take my car...but for whatever reason she insisted we take hers and I drive....again I have no idea why....anyways got there did our stuff and when leaving the underground parking lot at a mall I knicked a large cement support beam....I wont even make an excuse for my self cause it was my fault...now she is making me pay the entire sum (no collision on car)...so though I think it should be 50/50 I will pay the full amount...which is $1750...(was 2200 but I reassured im paying cash at I suppose the bodyshop liked that idea)

anyways long story short im going to write her a check for $1750...(so I get my check back later as proof I paid) and I also figured I should get something signed by her and a witness so that no matter what she can't make me pay anymore

im just thinking like if something was over looked or she wants more money (not sure how valid an estimate is like if the bodyshop has to fix the car for that price or thats rough estimate)


I just figured something is better then nothing..I just can barely afford this car let alone additional funds...



By signing this, I Lauren XXXX agree that Daniel XXXX has paid the full amount of $1750 of estimate done by XXXXXXX. I Lauren XXXXX will not hold Daniel XXXXX accountable for anything after this date of January 3rd, 2008.

I have no idea how to draft that kinda thing up.....HELP!!!!

Thanks!!

Dan
 
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Silverplum

Senior Member
dkitt10 said:
What is the name of your state? Alberta, Canada

This seems to be all united states based but I believe what im after is very generic...
Click to expand...
It IS all United States law.

Maybe in canada, where countries are apparently not capitalized, attorneys also give free initial consultations. Look in your phone book. :)
 
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dkitt10

Junior Member
lol sorry didn't mean to affend, i'll edit that one right away :cool:


Called several places minimum $100 charge just to hear my question...though this is a United States forum...is the letter im looking after not generic??
 
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Silverplum

Senior Member
dkitt10 said:
lol sorry didn't mean to affend, i'll edit that one right away :cool:
Click to expand...
It's fine, I was just messin' with you. :D :p ;)
dkitt10 said:
Called several places minimum $100 charge just to hear my question...though this is a United States forum...is the letter im looking after not generic??
Click to expand...
How rude of them. What about your local bar association/equivalent?
Law schools? Seniors only! :)
Some sort of legal aid? We have legal aid here in the Grand Ol' USA, but dunno if you do.

I don't think your letter was all that complicated -- or that you are doing the "wrong thing," but this is not my arena in US law. I was just bopping by and decided to give you some of my nonsense. :cool:

Check back, see if someone sensible has answered you! :)
 
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dcatz

Senior Member
Ok, it looks like Silverplum committed us and bopped on. How about tinkering with something like this?

In consideration of One Thousand, Seven Hundred and Fifty Dollars ($1,750.00) and the execution hereof, paid by DKITT10, each of them, DKITT10 and LAUREN XXXX hereby release and forever discharge the other, their heirs, successors, assigns and personal representatives, as the case may be, from any and all claims of the undersigned for tort claims, negligence claims and any claims or debts of any nature whatsoever evinced by, arising from or related to that certain instance of vehicular damage occurring on xxxx, 2007 and involving that certain [Model T Ford, License Number 12345], which the undersigned, their heirs, representatives, successors and assigns as the case may be, now have or may hereafter have.

[Date and Signature Lines

The site code won't allow me to include signature blocks, but I can add loads more. We get paid by the word, but this much is free. I made it a Mutual Release, in case she’s concerned that you might experience a “stiff neck” in a week and sue her as the registered owner.
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(the "paid by the word" businesss? - now I'm messin' too - but we could make it twice as long without it accomplishing much more. Post back, if you need something different or more, but that language should suffice, unless you have some specific additional legal requirement in the law of the province, and I wouldn't know what that might be.
 
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dkitt10

Junior Member
WOW!!

Perfect! Sounds snazzy and seems like it will be PERFECT!

Thank You so MUCH...great forum and GREAT members!!

Thanks guys!!
 
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Silverplum

Senior Member
dcatz said:
??
Well I lived in Toronto for six years, if that counts. And I do accept hugs, when you're out this way, Silverplum.
Click to expand...
:eek:
Whoa, I totally forgot about HUGS for the person who actually answered the question! :eek:
(The OP is Canadian.)

So sorry! Hugs for you! :)
 
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