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Minor car accident

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D

Dougwheat

Guest
I live in california and recently, I was leaving a parking lot, making a left turn. There was an incoming car in the opposite direction, i was sat in the middle waiting for him to pass, he does but hits my front bumper and rips it off, we settled it by having me pay him 100 on the spot and insurance would not be dealt with. His damages were minor with a scratch. Does any one know if he can get me later after he accepted my compensation?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Dougwheat:
I live in california and recently, I was leaving a parking lot, making a left turn. There was an incoming car in the opposite direction, i was sat in the middle waiting for him to pass, he does but hits my front bumper and rips it off, we settled it by having me pay him 100 on the spot and insurance would not be dealt with. His damages were minor with a scratch. Does any one know if he can get me later after he accepted my compensation? <HR></BLOCKQUOTE>

My response:

Unless you and he signed a form like the following, the answer is "Yes." Look at the form, and read section 1-B, which concerns waiving Civil Code section 1542. Unless that's waived in writing, he can come after you in the future, for up to 1 year for personal injuries, and up to 3 years for property damage. If you paid by cash, forget it, because he'll say you never paid him one, thin, dime.

Good luck.

IAAL

___________________________________________

RELEASE OF ALL CLAIMS

FOR AND IN CONSIDERATION of the payment to me/us at this time of the sum of __________ DOLLARS ($______), the receipt of which is hereby acknowledged, I/we, being of lawful age, do hereby release, acquit and forever discharge ________________________________________________ and his/her/its employees, agents, personal representatives, successors or predecessors in interest, insurance companies, insurance adjusters, insurance agents and brokers (hereinafter collectively designated as the releases) of and from any and all actions, causes of action, claims, demands, damages, costs, loss of services, expenses and compensation, on account of, or in any way growing out of, any and all known and unknown personal injuries, property damage and intangible damage resulting or to result from or by reason of the conduct of releases occurring at any time prior hereto, the facts of which, in part, are set forth in that certain lawsuit or arbitration proceeding filed in the _________________________________ entitled, "___________________________________________________________________," being Case No. __________

WARNING

1. All persons signing this release must read and understand it in its entirety and truly intend to terminate, irrevocably, all their rights to further pursue or prosecute their causes of action, demands or claims against the described releases. In particular, please note:

A. The extensive description of the persons released. Some of the persons released are not parties to the lawsuit or arbitration proceeding to be dismissed, but nevertheless your dismissal of them is required as a necessary part of the settlement evidenced by this release.

B. You are waiving all rights under > Section 1542 of the California Civil Code, which provides as follows: "CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE--A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected his settlement with debtor."

2. IN ADDITION TO THE FOREGOING, PLEASE NOTE THE FOLLOWING FURTHER PROVISIONS OF THIS RELEASE AND THE SETTLEMENT IT EVIDENCES:

A. I/We hereby declare and represent that the injuries or damages are permanent and progressive and that recovery therefrom is uncertain and indefinite, and in making this release and agreement it is understood and agreed that I/we rely wholly upon my/our own judgment, belief and knowledge of the nature, extent and duration of said injuries, and that I/we have not been influenced to any extent whatever in making this release by any representations or statements regarding said injuries, damages or any other matters, made by the persons, firms, or corporations who are hereby released, or by any person or persons representing him or them, or by any physicians or surgeons by him or them employed.


B. I/We hereby declare and represent that the undersigned is/are effecting this settlement and executing this release after having received full legal advice as to my/our rights from my/our attorney.

C. I/We hereby authorize and direct my/our attorney of record to forthwith dismiss with prejudice the aforementioned lawsuit or arbitration proceeding.

D. I/We declare that the incident, accident, injuries or damages above-described did not arise out of or in the course of my/our employment and that I/we received no benefits under any workers' compensation act by reason of said incident, accident, injuries or damages and am/are not entitled thereto; that in the event the contrary is true, I/we represent that my/our employer or employer's insurance company has given written consent to the within settlement and release and waives its lien and/or the right to recover said benefits from releases.

E. It is further understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment is not to be construed as an admission of liability on the part of said releasees, by whom liability is expressly denied.

F. This release contains the ENTIRE AGREEMENT between the parties hereto, and the terms of this release are contractual.

G. I/We further state that I/we have carefully read the foregoing release and know the contents thereof, and I/we sign the same as my/our own free act.

WITNESS my/our hand and seal this ______ day of ______, ____.

___________________________________
___________________________________
___________________________________




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