Legal Question in Personal Injury in California
no insurance claim on traffic accident
I was recently involved in a minior fender bender on the freeway. I am 19 years old, with a prior moving traffic violation. The damage to the other car was minimal, and the other driver agreed to let me pay for it out of pocket instead of claiming it with insurance. The other driver has since contacted me, and stated she missed two day of work due to back pain from the accident. I would prefer to not have the accident claimed on my insurance. If I pay her for lost wages, and damage to her car; would it be prudent to have her sign a document releasing me from further claims related to the accident? If so, what would be the best wording for the document, or would it be better to have her claim it on my insurance, which would raise my insurance beyond my financial capabilities. Thank you
4 Answers from Attorneys
Re: no insurance claim on traffic accident
Releases must have certain exact wording to be valid.
Joel Selik
www.4thelaw.com
Re: no insurance claim on traffic accident
The release should be drafted by an attorney--there's a standard form in California, but you'd probably have difficulty finding one on the web. The general release would release you from all claims of the other person, in exchange for your payment to that person.
Re: no insurance claim on traffic accident
You should hire counsel to insure an agreement is drafted that protects you from them coming back and demanding more later, or even suinig you later. 714-960-7584
Re: no insurance claim on traffic accident
You DEFINITELY need a written settlement agreement to protect yourself. You should hire an attorney for this purpose, and you should be able to find an attorney to prepare the agreement for a relatively low or flat fee.
If you cannot secure an agreement, and you are served with a formal civil complaint, then you should notify your insurance company. You have auto insurance to protect against this type of financial exposure. If you are sued, you may face financial liability that far exceeds any increase in your auto insurance premiums if you do not notify your insurance company of the claim in enough time for the company to defend you.
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