Expert: Bennie719 - 4/22/2009

Question
Last weekend, while trying to parallel-park my car in a really narrow one-way street with cars parked on both side, I bumped into the car parked across me. The owner of the car saw me, and came out running. His passenger side front fender had a small dent and a scratch on his passenger side front door. We exchanged information, and I told him to get an estimate from at least two shops and give me a call before calling the insurance company. His damages came out to be ~$1200, and I’ve decided to settle out of pocket since I have a speeding ticket and a small at fault accident within last three years.
Before I pay him, I would like him to sign some sort of form/note mentioning that he can no longer file a claim or anything else regarding this matter. I just wasn’t sure what to include in that note that can be held up legally (if that happens).


Answer
Hi Kevin,
Yes, you definitely need a release signed.  It should read somewhat like the following:

RELEASE FORM FOR PROPERTY DAMAGE/INJURY

your NAME, YOUR DATE OF BIRTH, YOUR DRIVERS LICENSE NUMBER, DATE OF THE ACCIDENT, LOCATION OF THE ACCIDENT AND THE DATE THAT YOU ARE MAKING PAYMENT.

Next, type the following paragraph:

For valuable consideration received, the undersigned being of legal age, hereby releases and forever discharges the above-mentioned individual for all claims (damages and/or injuries) and/or causes of action arising from the motor vehicle accident listed above.

Next, create a section for the damaged party to sign:
Signature, mailing address, witness signature and address (must be a non-interested party).  Date signed

I would recommend that you have the form notarized.  If you plan to do that, enter the following next:

Signature, title, company name, mailing address, Notary Public signature (followed by) subscribed and sworn before me this ____
day of ____________.  Notary Seal.  Date signed.

I hope that you find this helpful.  Your feedback by rating my answer
to this question will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area