Agreement to repair damages?

[Zigner]

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.

Have you priced a headlight assembly for his vehicle? Including labor?

 

[ecmst12]

Cops know NOTHING about body work. I've never seen an "estimate" on a police report that was anything resembling accurate.

He is not required to get an estimate at a shop of YOUR choice either.

Headlight assemblies are quite expensive. More then you'd expect them to be.

 

[vhinrich]

Have you priced a headlight assembly for his vehicle? Including labor?

Yea, I went to a local shop and they quoted me for $230 out the door.

 

[vhinrich]

Cops know NOTHING about body work. I've never seen an "estimate" on a police report that was anything resembling accurate.

He is not required to get an estimate at a shop of YOUR choice either.

Headlight assemblies are quite expensive. More then you'd expect them to be.

Sure, he's not required to but like I said before, the same job could be done for much less money with the same results. But he'd rather go to a high end body shop so I have to pay him much more $$$. Obviously, he's not going to fix the headlight, he just wants more money so he can pocket more money.

Besides, the car is a piece of crap anyways. It's KBB value is $2000.

 

[ecmst12]

He got an estimate for $180 but you didn't want to accept it. This is your fault. You can either pay him what he wants, or turn it over to your insurance and let them handle it.

 

[Indiana Filer]

Cops know NOTHING about body work. I've never seen an "estimate" on a police report that was anything resembling accurate.

Exactly. When DD wrecked her brother's car, the deputy didn't think there was more than just about $400 in damages comprising of just a few scratches. When we took it to the body shop for an estimate, there were enough damages to total the vehicle out. DS got an insurance check for over $5,000.

 

[vhinrich]

Would an audio recording hold as solid proof in court if I'm sued or if a claim is filed with my insurance company?

I'm thinking about taking an audio recorder with me and recording the whole process just to be on the safe side. I know I'm extremely paranoid but I'm getting a bad vibe from these folks so I want to be on the safe side and close all their options of getting any more money from me.

 

[ecmst12]

You'd have to have his permission.

You need to have him sign the release in the presence of a notary. That is all the proof you'd need.

 

[vhinrich]

You'd have to have his permission.

You need to have him sign the release in the presence of a notary. That is all the proof you'd need.

I'm meeting him at 6 PM on Saturday so all the banks are closed. I don't know where to find a notary. Anyways, the meeting will take at a police station (station lobby hopefully). His wife is going to be there and I'm going to take my cousin with me as witnesses.

I kind of revised and made the agreement simpler. Do you think this would work? check it out:


I, ____________________________________ (his name, Releasor), agree to accept $__________ from _____________________________________ (my name, Releasee) as payment in full for damages caused by the accident on [date] around [time] at [location] and release and forever discharge the Releasee, _________________________________ (my name), and his agents and insurance companies of any and all manners of further 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, _________________________________ (his name), 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 this accident between the following two vehicles:

Releasor’s Vehicle: Year_________ Make____ Model___

Releasee’s Vehicle: Year_________ Make______Model____


Form of payment: Cashier’s Check No. xxxxxxxxx made out to the Releasor, His Name, in the amount of $ xxx.xx .


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 signing of this Release of Accident Claims.

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

___________________________ ___________________________
(Print Name of the Releasor) (Signature of Releasor)

___________________________ ________________________
(Print Name of the Releasee) (Signature of Releasee)

_________________________ __________________________
(Print Name of the Witness #1) (Signature of Witness #1)

_________________________ ___________________________
(Print Name of the Witness #2) (Signature of Witness #2)

 

[vhinrich]

Just found a notary who's willing to make a trip to meet me.

So with this agreement and notary's signature, am I good to go?

 

[ecmst12]

You don't need to sign it. Type of vehicle does not need to be on there. The form of payment doesn't need to be included. Personal check would be better since it will be easier to get a copy of the cancelled check from your bank. You don't even need to be there when it is signed. Have HIM go to the notary and get it notarized and give the notarized copy to you, in exchange for the payment.

 

[vhinrich]

You don't need to sign it. Type of vehicle does not need to be on there. The form of payment doesn't need to be included. Personal check would be better since it will be easier to get a copy of the cancelled check from your bank. You don't even need to be there when it is signed. Have HIM go to the notary and get it notarized and give the notarized copy to you, in exchange for the payment.

I'm paying for the notary because I guess he's doing me a "favor" by not filing a claim. He's a sleaze bag so even if I ask him to do it, he won't.

Anyways, I figure that in the long run, it's a benefit for me even if I have to pay for the notary.

 

[vhinrich]

This is what happened: I went and settled for $200. $170 in cashiers check and $30 in cash.

I had him sign the above agreement (the one I listed in post #24).

The problem: I had a notary with me and apparently you need to be fingerprinted to be notarized. The guy didn't want to give his fingerprints to anyone or put his fingerprints on anything so the document didn't get notarized.

I did, however, get him to sign the above document with two witnesses: one was his wife and one was my cousin.

What do you guys think? Am I out of any trouble that may arise in the future regarding this accident?

 

[steel9]

You're all stressed out. You should of agreed on the $180.00 & moved on. Keep in mind this accident was your fault & you're lucky he didnt report it to his insurance company. Im amazed at how much body shops charge even for min scratches. When i was in a accident last yr a cop & the tow truck driver said the damage was around $1,500.00. They were $1,000.00 short. People that cause accidents cause more then just propery damage. Just pay the guy the $350.00, have him sign your paperwork & move on. It could be worse. You really should be thankful to him. Keep in mind you're the one who turned down the first offer of $!80.00. Live and learn. Good-luck.

 

[ecmst12]

You do NOT need to be fingerprinted to have a document notarized.