I’m choosing to settle the accident privately. Since I was the at-fault driver, I plan to write the other party a personal check for their damages to help them toward a new vehicle.
Is it enough to simply note “for accident settlement” on the check, or should I consult a lawyer or draft a written agreement?
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It’s great that you’re trying to handle the situation directly, but it’s important to take some precautions to protect yourself legally. Here are some steps you should consider:
A clause indicating that the payment is in full and final settlement of any claims related to the accident.
Check Description: While writing “for accident settlement” on the check is a good idea, it is not enough on its own to protect you. Include a reference to the written agreement if possible.
Release of Liability: Consider including a release of liability in your agreement, which would require the other party to waive any further claims related to the accident after the payment.
Consult with a Lawyer: It’s advisable to consult with a lawyer who specializes in personal injury or liability cases to ensure that everything is done correctly. They can help you draft the agreement and make sure you’re protected.
Keep Records: Maintain copies of all correspondence and any documents related to the accident and settlement for your records.
Taking these steps can help ensure that both parties are clear on the agreement and can potentially prevent future disputes.