Auto Insurance Claims: Sample Auto Accident Release Form--Property Damage, Excluding Later Personal Injury Claims, accident occured, xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Question
Dear Dr. Settlement,

I read your reply to Mr.Mendez on 8/8/06 at the allexperts.com forum

You offered some helpful advice about settling an accident & avoiding insurance.

I was involved in a very minor car accident (I rear-ended a lady) that left 3 small scratches on her rear bumper.  I am planning to write her a check to pay for the repairs, and I think it's a good idea for her to sign a release before I offer the money.

I was wondering if you could send me a sample "general release form" or car accident release form (the accident occured in Maryland).  I would really appreciate it if you could send me a copy.  Thanks,

-Ami

Answer
Dear Ami,

Thanks for doing your research.  You are a careful client, and one it would be a joy to represent.  We love to have cases from clients like you, who do their homework, etc.

In case someone else reads this and to save them the time from going back in my archives, why don't I just reprint an entire answer I gave to yet another person who elected to settle a property damage claim against him.

I will go ahead and sign off now, and just reprint the entire answer below.  

You have earned a free question by your good research, so don't forget me should you or your friends ever have any personal injury or insurance questions.

Best Wishes,

Dr. Settlement, J.D.
http://www.SettlementCentral.Com

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

OK, here is one of my prior answers to someone who wanted to pay off for property damage he caused.  Notice I left in the second part of his question, which dealt with "our" guy wanting to make sure the other guy actually did the repairs (or maybe he even wanted to see the receipts so he could cut down and save some money just in case the repairs did not cost as much as the estimate).  

As I point out below, that is nonsense.  Get rid of the other guy once you get his signature on your general release.  Otherwise he will be hanging around with a complaint that the repairs were not done right, or some other dumb thing.  So, no, you DO NOT want to try to save a buck by seeing the repair receipts.

NOW, we get to that prior answer:


You are embarking on DANGEROUS GROUND by paying for the damage to the car UNLESS YOU ALSO GET A GENERAL RELEASE FOR PERSONAL INJURIES AT THE SAME TIME.  Soft tissue injuries can occur with a bumper hit as you described.  The insurance industry loves plastic bumpers since they do save damage to the car.  Unfortunately the momentum, the force (mass times velocity) is not dissipated, but can be transferred directly to the occupants of the car.  

I would not be surprised to see someone start to notice an ache in his neck about 10 to 20 days or so after the accident.  That kind of soft tissue injury can creep up on him and within a month his work is making it harder to sleep at night and next thing you know, you have a personal injury claim to defend.  Now what will you do??

Mo' Betta you take care of that item with your car damage payment.  Make sure he signs off on a general release that includes BOTH the property damage and personal injuries, known and unknown from this accident.  

As to your question regarding paying him AFTER seeing the receipts: what in the world do you care whether or not he gets the repairs done?  You caused damage to his car.  You have to pay for the cost of repairs.  If he never gets them done, if he wants to drive around in a wounded car and pocket the money, what business is it of yours?  Happens that way all the time.  The damaged party gets his choice of what to do with his money.

Here is what I would do: draft up your release and tell him you will pay him for the cost of repairs, but you want him to release you from any and all claims for damage to his property or to his person.

If he asks why, tell him that it is just a "STANDARD FORM" that is always drafted that way.  NO BIG DEAL.  Try not to get into a discussion of showing that he is giving up his personal injury claim rights, or guess what----he might just start thinking about HAVING some personal injury claim rights!

Once you get this signed, then you will have a good solution—and you never have to worry about a soft tissue injury that could develop when his work places an added stress on his neck that was injured.  Does that make sense?

One phone call is OK to firm up what you are going to do, but as to rest of the claim, MAKE EVERYTHING IN WRITING AND GET HIS SIGNATURE ON YOUR GENERAL RELEASE. Try to get a witness, if possible.  In the general release, you should specifically include language along the lines of the following:


xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx


GENREAL RELEASE—AUTO ACCIDENT OF _______________

____(him)______________ and _______(you)______________ were in an automobile accident in _____________ on ________________.  As a result of the accident, ______(him)_________ suffered damage to his vehicle, and may have suffered personal injuries.  

Without admitting fault, the parties wish to settle and compromise all claims arising from this incident forever.  ______(you)____________ hereby pays to _______(him)______________ the sum of _____________________, receipt whereof _______(him)_________ hereby acknowledges, and __________(him____________further states that said sum constitutes complete compensation for all claims arising from said incident, whether known or unknown, and to include both property damage and any personal injuries that might have been suffered in said incident.

This General Release and payment made hereunder are intended to bring closure to this matter and any further claims shall be forever barred.



_________________________        __________________________
(insert his name)                   (insert your name)



Dated _______________  Witness_________________________