A couple of weeks ago I backed into a pick-up truck while leaving the bowling alley where I bowl on Wednesday nights. I checked for damages and didn’t notice any damage to the truck, but I had a broken tail light assembly. Feeling relieved that there wasn’t any damage to the truck, I left and had my tail light assembly repaired.
The next week the proprietor of the establishment said that the owner of the truck complained that his snowplow bracket was damaged, and that he couldn’t properly attach the plow. He was able to determine that I was the one who hit his truck through viewing the surveillance video.
I met with the truck owner, who was polite and civil, and tried to explain to me the damage. I still didn’t see any damage, not even a scratch, but he showed me where the bracket wasn’t attaching properly and indicated that it was because of the impact.
I found it hard to believe that I could damage a steel snowplow bracket with my plastic tail light, but I offered to pay him $525 to cover the cost of the bracket and installation. Although I was skeptical and felt I might be getting hustled, we shook hands and I said I would have a check for him the next Wednesday.
I’ll be meeting with him tonight, and I’m asking him to sign a waiver form absolving me from any further claims. Assuming he signs it and accepts the check, can I consider the case closed? Does it have to be notarized or witnessed or anything like that? Any thing else I should worry about? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
You are taking the appropriate action. Having the truck driver absolve you from any further liability should certainly conclude the matter.
Many agreements contain language similar to this:
WAIVER OF LIABILITY
My name is _____(name of victim). On — — 2014 my vehicle (Description of vehicle and Vehicle Identification number) was struck by ______(name of person who caused the damage).
As a result of the collision I sustained no injuries. The collision resulted in damage to_______(specify damage).
In full and final settlement of any claim I have against _____(name of person who caused the damage) I have accepted the amount of $_____.
I hereby waive any and all past, present or future future claims of any nature I might have
against _______(Name of person who caused damage).
_________________________ (Name address, etc. of victim)
_________________________ (Name, address, etc. of person who caused damage)
__________________ Witness name and address
___________________ Witness name and address
Having a waiver notarized is normally not a legal requirement. A notary’s purpose is to confirm the signatures were real and the date they were affixed to the document. This is only necessary if there is ever a dispute over the authenticity of the signatures.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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