Legal Question in Personal Injury in California

I want to pay out of pocket for damages from auto accident

Two and a half months ago, I was in a minor car accident where the other party received damages that he claimed amounted to $*,***. He agreed not to file a claim and allow me to pay that amount for repairs.

So that I do this properly and do not run the risk of paying more than agreed, what steps would you suggest I take to ensure that? Do I need to have owner get car fixed first then show me the bill? What type of narrative should I write that indicate that I have settled and paid in full as agreed. Please help! I need answers.

Thank you


Asked on 1/09/03, 6:54 pm

2 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: I want to pay out of pocket for damages from auto accident

You need a simple settlement agreement. You can probably do it yourself. If you prefer, I can write one for you at a reasonable price. Feel free to call me at 949-278-5220.

Ben

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Answered on 1/11/03, 11:41 am
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: I want to pay out of pocket for damages from auto accident

Getting the car fixed first is good but you want to make sure it is done by a legit body shop and not some friend who will inflate the estimate. You have a right to see the car, see the estimate and moniter the repairs. You might also be on the hook for towing and car rental expense.

As far as a "narrative", I think you mean a Release. Write out a few sentences that the other driver releases you from all further liability after you have paid all accident-related

damages. Have the other driver sign and date it and you keep the form.

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Answered on 1/13/03, 7:42 pm


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