City Hit My Car...Now They Want A Release Signed

[BK]

Okay, the City of Pleasanton hit my truck. No personal injury, but they paid the dealership to fix it up, and now they own me ~$1400 for my rental costs.

I just received a "Release Of All Claims" that:

1) Absolves them of future claims - cool, that's fair!
2) Waives my right to CA Civil Code 1542, which allows me to make claims on things unknown - not cool, what if I find structural damage later?
3) They are saying that this "settlement" is not an admission of guilt - I have a police report and the City Attorney said they are at fault.
4) It says that I have received all monies - I have not, and it seems like I can get my $1400 until I sign this.
5) It says I'm not signing under duress - which I am cause I want and need my $1400, and can't get it until I sign this.

So what can I do about this? Should I just sign it? Am I being too anal?

I read all of CA Fair Claims Settlement Regulars in Title 10, Chapter 5, Section 2695, and it seems that section 2695.4.e.1 says that I don't need to sign anything out of context, and the dispute of guilt is out of context.

Let me know if I should just sign it and get my money, or if I should fight this in small claims court.

-bk

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by BK:
Okay, the City of Pleasanton hit my truck. No personal injury, but they paid the dealership to fix it up, and now they own me ~$1400 for my rental costs.

I just received a "Release Of All Claims" that:

1) Absolves them of future claims - cool, that's fair!
2) Waives my right to CA Civil Code 1542, which allows me to make claims on things unknown - not cool, what if I find structural damage later?
3) They are saying that this "settlement" is not an admission of guilt - I have a police report and the City Attorney said they are at fault.
4) It says that I have received all monies - I have not, and it seems like I can get my $1400 until I sign this.
5) It says I'm not signing under duress - which I am cause I want and need my $1400, and can't get it until I sign this.

So what can I do about this? Should I just sign it? Am I being too anal?

I read all of CA Fair Claims Settlement Regulars in Title 10, Chapter 5, Section 2695, and it seems that section 2695.4.e.1 says that I don't need to sign anything out of context, and the dispute of guilt is out of context.

Let me know if I should just sign it and get my money, or if I should fight this in small claims court.

-bk<HR></BLOCKQUOTE>


My response:

Your assertions and your hunches are absolutely correct. Do not sign the release. You will not get anything else if you do.

File a Small Claims court action against the City and the City driver for ALL of your damages, and get your judgment.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[BK]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

Your assertions and your hunches are absolutely correct. Do not sign the release. You will not get anything else if you do.

File a Small Claims court action against the City and the City driver for ALL of your damages, and get your judgment.

IAAL


<HR></BLOCKQUOTE>

I guess I should state that the City Attorney has been really cool thus far. If I meet with him and get the check at the time of signing I'd be cool with that. I am not cool with it otherwise.

Quite frankly the damages didn't amount to much. The car was parked and the 18yr old city worker took their car (not truck) and did a bad parking job next to me.

I guess I just want my money and I feel like they will not pay unless I sign. I did modify their original agreement, I'm sure that's bound to piss them off!

Anyhow. If I get my money, I should be okay, but I'm glad to hear that I'm on the right track. I'll argue with the dude in person and see where that get's me.

Thanks for the quick response!

-bk

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by BK:
I guess I should state that the City Attorney has been really cool thus far. If I meet with him and get the check at the time of signing I'd be cool with that. I am not cool with it otherwise.

Quite frankly the damages didn't amount to much. The car was parked and the 18yr old city worker took their car (not truck) and did a bad parking job next to me.

I guess I just want my money and I feel like they will not pay unless I sign. I did modify their original agreement, I'm sure that's bound to piss them off!

Anyhow. If I get my money, I should be okay, but I'm glad to hear that I'm on the right track. I'll argue with the dude in person and see where that get's me.

Thanks for the quick response!

-bk<HR></BLOCKQUOTE>


My response:

That's good. Talking, and trying to settle, is always a good thing. However, state your case for all of your damages. Mention it only once. The moment the adjuster, or whomever, starts to hem and haw about your car rental charges, or any other damages, don't argue. Just say, "Thank you very much. I think I'll just get my judgment against the City. Thanks for your time."

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[BK]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:

My response:

That's good. Talking, and trying to settle, is always a good thing. However, state your case for all of your damages. Mention it only once. The moment the adjuster, or whomever, starts to hem and haw about your car rental charges, or any other damages, don't argue. Just say, "Thank you very much. I think I'll just get my judgment against the City. Thanks for your time."

IAAL


<HR></BLOCKQUOTE>

I spoke with the dude today. It is a settlement and he was like "...I think you are reading too much into this, it is very routine." I sat there and thought about it, and figured, hell getting screwed is very routine too!

I told him I'd be willing to accept it as a settlement, and I guess there was no pain and suffering involved as noone was in our car when it was hit. But I told him I would not sign something that said I was paid when I was not.

I'm going to his office the end of this week to exchange his document for my check!

-bk

 

[knitterb]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by BK:
I spoke with the dude today. It is a settlement and he was like "...I think you are reading too much into this, it is very routine." I sat there and thought about it, and figured, hell getting screwed is very routine too!

I told him I'd be willing to accept it as a settlement, and I guess there was no pain and suffering involved as noone was in our car when it was hit. But I told him I would not sign something that said I was paid when I was not.

I'm going to his office the end of this week to exchange his document for my check!

-bk<HR></BLOCKQUOTE>

Thanks again IAAL. I appreciate the time to think it through with me. I'll let you know later this week the outcome!

-bk