Accident Agreement

[Circlenaut]

So the wife and I got into an accident a few weeks ago where we were not at fault. The offender was a HS student that the parents agreed to pay w/o dealing w/ insurance. We still have the insurance information just in case. We're going to the notary this week to sign this agreement. What do you guys think of this? Should I add more?

We Wife and Offender agree to the attached estimate for damages inflicted onto Wife?s car (VIN #). This accident occurred June 21st 2008 at the location.

 

[ElFenix]

what happens if the body shop finds more damage?

 

[Circlenaut]

That's not going to happen because I fixed it myself. We still had to get an estimate for formality.

 

[chusteczka]

Then they should have already paid you. You are wasting your time getting a promissory note for payment when there is no longer any damage. Do you at least have a police accident report?

EDIT: You charge them for parts and possible add 20% for labor, gas, and profit. However, the profit is not clearly defined by the "principle of indemnity" when the damaged party performs their own repairs.

 

[jpeyton]

Wait, so you fixed the damage and they haven't paid you yet?

 

[Circlenaut]

My fixing it was taking a hammer and undenting the panels and painting them over. Cost me nothing except time since I already had the paint for the car.

Chusteczka The kid already gave me a check but he wants assurance that I want screw him over by filling an insurance claim. This is why he asked for this. I don't want to screw the kid over (his parents were pissed enough me thinks). I'm just wondering if the wording on that is appropriate?

 

[BoomerD]

As long as the damage (as figured at a body shop) doesn't exceed the reporting requirements at your state's DMV, you're fine. IF it does and you don't report it, there COULD potentially be legal ramifications.

 

[chusteczka]

Date:
Subject: Vehicle Accident

Pursuant to the vehicle accident on this date, at this time, and this location between <offender names with car description> and <damaged party with car description>; <offender name> accepts complete legal liability based on negligence for the accident and shall be responsible to pay <the damaged Party> for all damage and repair costs to their vehicle (associated with said vehicle accident). <The damaged party> has agreed to personally repair their damaged vehicle. Therefore, repair costs shall include parts, labor, gas(, and profit).

<The offender names> shall pay <the damaged party> for these repair costs, in whole, in a timely manner (by this date).


Offender names and signature

damaged party names and signature

The definition of damages can be explicitly defined to include bodily harm, medical bills, and repair costs, but the intent of such inclusion must remain within the "principle of indemnity". The principle of indemnity is merely the understanding that it is the responsibility of the offender to return the damaged party to whole. To the state the damaged party was in before the accident occurred.

Indemnity does not include "betterment". The damaged party should not be improved from the fulfillment of the offender's responsibility.

Originally posted by: Pippy
My fixing it was taking a hammer and undenting the panels and painting them over. Cost me nothing except time since I already had the paint for the car.

Chusteczka The kid already gave me a check but he wants assurance that I want screw him over by filling an insurance claim. This is why he asked for this. I don't want to screw the kid over (his parents were pissed enough me thinks). I'm just wondering if the wording on that is appropriate?

That changes everything. I trust the check cleared. The rest is based on that the assumption the check cleared and you will find no further damages. Please note the following removes all ability for you to return to them for medical bills or any new damage discoveries. Please see my disclaimer below.

Date:
Subject: Vehicle Accident

Pursuant to the vehicle accident on this date, at this time, and this location between <offender names with car description> and <damaged party with car description>; <offender name> has already provided payment to <the damaged party> for damages incurred in said vehicle accident and is no longer liable for any further damages <the damaged party> may discover.

It is further understood that <the damaged party> will not submit this accident to their insurance carrier since <the offending party> has already provided payment for all damages incurred due to said vehicle accident.


Offender names and signature

damaged party names and signature

Disclaimer: I am neither a lawyer nor qualified in the insurance industry in any manner. Therefore, what I have provided may have forgotten one or more key components. However, what I have provided is improved on what you provided so I hope this has helped. It is possible that what I have provided may hurt you but my intent has been to help you. I will not be held liable for any damages you may incur due to my good faith effort to assist on an anonymous public forum.

 

[imported_Imp]

Depends on amount of damage and injuries. Was this teenager reckless or was it just a stupid bew driver mistake? If it's the former, better to screw him over in insurance so he gets a "life" lesson than have rich mommy and daddy bail him out again.

 

[Circlenaut]

Originally posted by: Imp
Depends on amount of damage and injuries. Was this teenager reckless or was it just a stupid bew driver mistake? If it's the former, better to screw him over in insurance so he gets a "life" lesson than have rich mommy and daddy bail him out again.

It was a stupid driver mistake I think. My wife was stopped at a rotary waiting for the traffic to clear. He came up and stopped behind her. When the traffic did clear he acted faster then my wife did and hit us from behind. The damage was much worse on his car then ours.

Thank you very much for the advice chusteczka. This was the first accident that we had (I know we're very lucky). Next time I'll fill out one of those forms.

 

[BoomerD]

"OW!! My neck!" Should have been the first things you said...

 

[ICRS]

Originally posted by: BoomerD
"OW!! My neck!" Should have been the first things you said...

Followed by "My Back" then repeate the "OW!! My neck!" Remember to give your walk a good limp, even dropping to the ground is good.

 

[BoomerD]

Originally posted by: ICRS

Originally posted by: BoomerD
"OW!! My neck!" Should have been the first things you said...

Followed by "My Back" then repeate the "OW!! My neck!" Remember to give your walk a good limp, even dropping to the ground is good.

Then RUN, don't walk to a good accident attorney.

PROFIT!