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Accident resolution advice in question

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Rhio2k

Member
Is there a possibility of filing a complaint myself? Photos I took show where my vehicle was struck (rear passenger door, just before the tire), and there were no skid marks at all, showing no attempt at braking or avoiding me, and the other party's injury indicates he was partially at fault (quite possibly texting with his left hand, with his right hand on the wheel, which explains the right ulnar injury) while definitely driving above the speed limit.

Edit: just got back from doing estimates at crash scene (with no police around, and my rental's trip meter). From where I observed the other vehicle as I started my turn and the time it took before i was struck, the other driver exceeded the posted limit of 45mph by 6 to 10 mph.
 
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Rhio2k

Member
Holy crap, guy just called and is offering us 25,000 to get this whole matter cleared. Is it enough to have him sign an agreement that he is satisfied and will seek no further litigation on this matter, and get it notarized and signed by both parties?
 

PayrollHRGuy

Senior Member
Oh good lord, there is so much wrong with what you have written above.

New cars rarely leave skid marks because of anti-lock breaks. And if it was an older car there may not have been skid marks because he didn't brake because you shouldn't have been in his way.

His injury indicates nothing of the sort. It simply means he broke his right arm. While we were all taught 10 & 2 (now 9 & 3) failing to have two hands on the wheel don't indicate fault. A 45 MPH accident has more than enough energy involved to break a bone.

While it will likely matter not a bit. Let's see your math.
 

PayrollHRGuy

Senior Member
Probably but I don't think you ever posted your state so we can't look up any cites for that.

This is not something you want to try to handle on your own if you are not 100% sure of what you are doing. A lawyer would likely prepare a proper claim release for around $500.
 

Just Blue

Senior Member
Probably but I don't think you ever posted your state so we can't look up any cites for that.

This is not something you want to try to handle on your own if you are not 100% sure of what you are doing. A lawyer would likely prepare a proper claim release for around $500.
OP is in Florida. ;)
 

Rhio2k

Member
I'll be using a this form (Xs replace the names on the dcoument). Sorry if it's a lot to read. It's 6 pages, but I just copy-pasted here, so some spacing may be weird.

General Release of Liability
THIS GENERAL RELEASE (this "Agreement") dated this 1st day of April, 2019 BETWEEN:
XXXXXXXXXX (the "Releasor") OF THE FIRST PART AND

XXXXXXXXXXX(the "Releasee") OF THE SECOND PART IN CONSIDERATION OF
the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

Consideration

1. In consideration of the sum of $23,000.00 USD, paid by certified check, the receipt and sufficiency of which consideration is acknowledged, the Releasor releases and forever discharges the Releasee, the Releasee's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any damage, loss or injury to person and property which has been or may be sustained as a consequence of the dispute detailed below.

Initials: ______________________________ Page 1 of 6


Details of Dispute

2. The claim or dispute occurred on March 23, 2019 as a result of:


Concurrent Release

3. The Releasor acknowledges that this release is given with the express intention of effecting the extinguishment of certain obligations owed to the Releasor, and with the intention of binding the Releasor's spouse, heirs, executors, administrators, legal representatives and assigns. Full and Final Settlement

4. For the above noted consideration, the parties to this Agreement further agree not to make claim or take proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise.

5. It is declared that the terms of this settlement are fully understood; that the amount or type of consideration stated is the sole consideration for this Agreement and that the sum is accepted voluntarily for the purpose of making a full and final compromise, adjustment and settlement of all claims for injuries, losses and damages resulting or which may result from the above noted dispute.

6. This Agreement contains the entire agreement between the parties to this release and the terms of this release are contractual and not a mere recital.

No Admission of Liability

7. It is agreed that the payment is not deemed to be an admission of liability on the part of the Releasee. Release/Waiver Agreement Page 2 of 6

Initials: ______________________________

Governing Law

8. This Agreement will be construed in accordance with and governed by the laws of the State of Florida.

Initials: ______________________________


IN WITNESS WHEREOF the Releasor and Releasee have duly affixed their signatures under hand and seal on this 1st day of April, 2019.

Initials: ______________________________


Initials: ______________________________

NOTARY ACKNOWLEDGMENT - RELEASOR STATE OF FLORIDA COUNTY OF ____________________ The foregoing instrument was acknowledged before me this 1st day of April, 2019, by XXXXXXX, who is personally known to me or who has produced ____________________ as identification. ________________________________
Notary Public
________________________________
(print name)

Initials: ______________________________



NOTARY ACKNOWLEDGMENT - RELEASEE STATE OF FLORIDA COUNTY OF ____________________ The foregoing instrument was acknowledged before me this 1st day of April, 2019, by XXXXXXXX, who is personally known to me or who has produced ____________________ as identification. ________________________________
Notary Public
________________________________
(print name)
 

Rhio2k

Member
And yes, no typo, he went 2k lower on the settlement total, stating that he didn't have a year to wait for a lawyer.
 

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