Help with accident indemnity paperwork, please

[Arcadiac]

See this: http://forum.arcadecontrols.com/index.php?topic=42178.0

I'm probably gonna just settle this mess by paying up, I just wanna be sure that my back is covered as best as possible in case this guy tries to pull something crooked.
People with experience say that I should have some kind of paperwork ready to indemnify me from future problems regarding the wreck.
I am in such sticker shock, I can't even begin to get started on what should be included in the letter.
Can you guys please help me to compose it?
I'll be paying him by check as to have a permanent record of the transaction.
Anyone with legal or insurance company experience that would be willing to help?
I don't wanna pay this guy and then get sued or have insurance problems.
Any help would be appreciated.

ARCADIAC!

[Zakk]

Give me 10 mins and I should be able to help, but as I PM'd it'll be based on the Canuk system.

edit:

Here's a system I've used for quick forms.

[hyiu]

okie...

I've write up something like that before, but I don't know how good mine is... (so far... keep my fingers crossed, on those 2 incidents, there were no further trouble.)

you will need to prepare 2 copies (1 for you, 1 for him (or her))

you put down date, place, accident, involved parties, license plates and state, and a brief description of the accident (just like an accident report). (can insert a simple diagram also !!)

then you put down the driver license info of all the signing parties in there...

and you also put down the settlement.
saying noone is hurt, accident is minor, auto damage only and settlement is agreeded on and paid, and by signing, all parties give up their right for any further claims about this accident.

(of course you fill in the details...)

and if you're paying... I would say pay in something that got a receipt.... (some banks do certified check...) and put the form of payment (check # or something)  in the doc.

and then you both sign both copies, and each keep one.

I honestly don't know how protected you will be (since there're always professionals out there that makes a living by these things...) but this is all I can think of at the time....

good luck.

[Tailgunner]

Nothing personal, but you'd be a dammed fool to put much faith in any legal advice you get off the internet.

If you want your arse covered, get a lawyer to draw up the document. Have the other party come to the lawyer's office to sign the documents, as they can be notorized on site and you'll have an officer of the court as a witness. To change their mind at that point, the other guy will have to sue and you'll already have a lawyer who's got a vested interest in the case.

[Zakk]

He's breaking the bank as it is paying for this repair, and your advice is "go spend another $500 to have a lawyer look at the paper and go "looks good!". 

I agree that people should seek legal counsel for serious issues, but he just wants to pay for a little fender-bender and be done.  If he has to pay a lawyer, he might as well just keep the extra money and give it to the guy if he comes afer him again (which I don't think he will if he gets his bumper repaired).

Of course, this is coming from my perspective here, as we don't sue each other for sneezing, so maybe I'm off on this 

[ChadTower]

The advice above is what I have done in the past and it has been good enough for me.  As for the potential cost of effing it up... well, worst case here is dude submits it to insurance anyway and you have to argue with the insurance companies that he has already been compensated.  Fax a copy of that letter to your insurance company in that case and let THEIR lawyers fight against paying out.

[Arcadiac]

OK, so I went with this guy today and we got another quote on the repairs, $20 higher than the one he got. 

I also asked for advice regarding a release while I was there.  The shop owner said that all I need to do is have the body shop note on the receipt that the repairs were paid for by me. 

I called the other guys shop, the one who will do the repairs, and he said he had no problem with that, as a matter of fact he would note it and all 3 of us would sign it just for good measure. 

Then if this guy would be dumb enough to try and claim damages (double-dipping?) I would have proof that repairs had already been done and were paid for.

So I'm gonna go with that, he's putting the car in for repairs next week and when it's done we'll go over together and finish up the deal.

I gotta say it's a load off of my mind, I actually got a good night's sleep last night just knowing that one way or another this would be resolved today.

Thanks all who gave help and suggestions, I appreciate it! 

ARCADIAC!

[ChadTower]

Of course, many times, auto body guys are hella shady themselves.  I've known more than a few who bent the rules for maximum profit when it comes to insurance.

[Arcadiac]

True Chad, but his body shop is legit (25 Years +) and I just gotta get this thing done. 

Sleepless nights etc. paranoia, has already cost me more than its worth. 

At least this way I know the guy is getting the repair done, and I'll have a document saying I paid for it. 
He won't get his car back until I actually go to the shop and pay for it.

After all the dude did trust me, didn't call the cops or even get my insurance info and is allowing me to settle.  So he stood to take a bigger loss on the deal.
Hell, he even picked me up today and drove us over to the body shop of my choice for the second estimate! 

I'm just glad it's almost over and nobody got hurt.

ARCADIAC!

[ChadTower]

He's just warming you up for when he slips you a mickey and you wake up in a hotel bathtub full of ice, missing a kidney.

[Stingray]

Of course, many times, auto body guys are hella shady themselves.  I've known more than a few who bent the rules for maximum profit when it comes to insurance.

I've known more than a few who were willing to bend the rules regarding the deductable in order to save the customer having to pay that out of pocket. I've also known shop owners who are willing to just eat the deductable, losing that amount out of their profit. I've been around the auto body industry my entire life. Just like with anything else, there's a scumbag here & there who will rake a customer and his insurance company over the coals, but by and large the guys I know are very reputable businesmen who would never jeopardise their reputation with the insurance companies just to make a little extra on a job here & there.

-S

[Arcadiac]

He's just warming you up for when he slips you a mickey and you wake up in a hotel bathtub full of ice, missing a kidney.

If he wants a 47-yr-old kidney he's more than welcome to it! 

ARCADIAC!