accident advice sought

[skier]

On Thursday I sideswiped a taxi cab through my error in judgement. His boss and what seemed to be a van full of friends were following. so immedietely after the accident happened they called the cops and we inspected the damage done to both vehicles. One of this cab driver's friends was an "autobody guy" and he said that my damage was probably around $300 and joked that the minor scratches to the cab might cost $20 to fix. they all said that i was lucky that nothing happened to the cab and the boss even said (to the cab driver or someone, not me, but i heard it) that the cab didnt have any damage that they were worried about. In the mix of things the cops were told that there was less than $1000 damage so they did not show up. Also, this occured at the top of a hill in our town, at the bottom of the hill he was a decent distance behind me, yet at the top he was beside me. I was probably going 8-10 over the whole time.

The next day this guy calls me and tells me that he got an appraisal for $1200 in damages to his cab. So I go to see it and there are tire marks from when i hit and turned away from the cab and some scratches in a few places along the side of the taxi cab.

So I called him back and asked if perhaps he would be interested in a cash settlement. He said he would take $600 cash in his hand. I was thinking that this would be better than $1200 but who knows what he had fixed in that appraisal. Considering the car is a 1988 crown victoria that seems a bit steep to me.

Do I have any arguments after the original estimation at the scene of the accident. Being 17, I'm thinking that I should just pay the $600 and be happy the cops and insurance arn't involved. Now if I do go the cash route, I think that I will give him the money as a money order and keep the receit, ask for a signed receit of the money, and have him sign a contract releasing me from further responsibility (anyone have any tips on what I should write/do to make sure this doesn't fall through). I was also thinking that is should be the owner of the vehicle and the driver that sign this. Is registration the best way to determine the owner and is it unreasonable that I request both the owner and driver to be present?

I think he'll be quite happy with the cash, but I think I need to be careful because he could screw me over by going through insurance.

Any comments, suggestions, tips, advice?

Thanks.

[StupidWade]

I'm no expert on anything like this but it seems to me that you're making a smart decision.

I think your money order idea and getting them (both the owner and driver) to sign a document that ends the matter are both pretty wise.

I think that I'd also get the driver to sign something like "the accident was minor and no personal injuries were sustained by either party." That might reduce the risk of the guy taking the cash for the damage to the car and then later making a claim for his "massive neck injuries."

For what it's worth, the ballpark rate for fixing minor body damage under an insurance claim is $1000 per panel (eg $1000 for repair and refinish a fender, same amount for a door, hood etc.) So his cash demand isn't unreasonable. Not having your insurance find out about the accident may be worth the $600 alone, in the long run.

I'll bet, though, that he'll take the money and not fix the car. I think you're essentially paying ransom to buy your way out of a crappy situation.

Good luck.

[finboy]

if you make a cash settlement, MAKE SURE that he signs a document stating he will not go to your insurance for further damages on his car OR HIMSELF. you sign it, he signs it, have an unbiased whitness sign in, and get a copy for him and you.

this way, if you give him the cash, he won't be able to turn around and sue your insurance company for damage to his car and bodily injury, and still have your $600.

beleive me, it can happen.

[ramminghard]

Talk to a lawyer before you just give him cash.

[Weapon_R]

Ask him to sign a well-prepared document that ensures that he will not seek further damages to himself and to the repair of his vehicle with the $600.

The car isn't even worth that much, but he has you by the balls. If he told u to pay $1200 cash, you really shouldnt second guess it, since you'll be paying that through your ass when the insurance company comes after you if you decide to settle through insurance.

Pay the money, ask him to sign off any future claims, and call it a day. It happens all the time.

[statick]

yea , stik 2 ur plan and more or less wut evrybody sed on this thread would be a good idea to take into consideration

[LKL]

I did the same thing in a similar situation last winter. As long as you have a witness sign the papers along with both parties, you should be pretty covered. Type up three copies and have everybody keep one. Make sure it's properly dated and it clears you from any further claims.

[skier]

Thanks to everyone. This is one expensive 10 second mistake. He will take the $600 for sure no problems with the release form etc. so that is excellent. I had my parents' suv checked out today and it has $1800 in damage so I'm gonna be quite nicely screwed over no matter what.

Thanks again... now to write a release agreemant. Would an insurance broker have a release form in their office that I could perhaps use or something?

[skier]

Anyone want to comment on the contract I wrote up? I changed my name and everyone else's names involved but it is more or less the same.

RELEASE STATEMENT

On Thursday, September 9, 2004 a minor motor vehicle collision, where no injuries were sustained by either party, occurred between one my car and one 1988 light blue Ford Crown Victoria (herein referred to as "the accident").

THIS CONTRACT IS A RELEASE STATEMENT THAT RELEASES ALL PARTIES FROM ANY FURTHER LIABILITY OR RESPONSIBILITY WHATSOEVER RESULTING FROM THE ACCIDENT.

This contract between

• Me, driver of the car I drove.
• AND My Dad, owner of the the car I drove.
• AND Owner, owner of the Crown Victoria.
• AND driver, driver of the Crown Victoria at the time of the accident.

certifies that Me, his insurance company, parents, associates, and anyone else that may be involved in the accident, or potentially responsible for the accident (herein referred to as "Me") has compensated owner and driver of cab (herein referred to as "the cab company") for any damages, injuries, and other claims that were a result of the accident. the cab company releases Me of any responsibility or liability for, but not limited to, injuries, damage, or anything else resulting from the accident.

This contract insures that the cab company is compensated for the damages sustained to their car with six hundred dollars in cash money and ends claims for all parties involved in the accident. Including, but not limited to, the driver of the vehicles, the owner of the vehicles, and any passengers. Furthermore, any further claims become the responsibility of the person making the claim.

By agreeing to this contract, all parties agree to the preceding and following. Since the cab company will be compensated for their damages, the cab company will release Me of further liability and responsibility. Further more, Me will pay in full six hundred dollars and agree to release the other parties involved in the accident of responsibility and liability.

By signing this contract on the 14th day of September in the year of 2004, you agree to the above terms.


_______________________
Owner of the cab car

_______________________
Driver of the cab car

_______________________
Me

_______________________
My Dad

_______________________
Witness 1

_______________________
Witness 2



Thanks again.

[Zero102]

I'll comment, didn't you say it was a 1998?

Other than that looks good, providing you remember to change the names back =)
The grammar seems a little odd with 'Me' in there.

Hate to say it, but even for $2400, you're getting off easy compared to what your insurance would be if this was claimed.
$1800 sounds a little steep for damage to your car, perhaps have it estimated at some other places?

[skier]

well, I'm gonna go do this tomorrow at lunch as the driver of the taxi is working in the bush at the moment. the guy said that he may not be there if he is not available. I guess i'll make a contract considering the driver and one without him. I guess there shouldn't be any problems with that.

thanks once again.