Legal Question For All Those Who Know

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  • luv_mist
    Older
    • May 2004
    • 9596

    #1

    Legal Question For All Those Who Know

    Well, my sister got into a car accident the other day while I was out of town. She was not at fault. She had to go to the hospital because she was having back problems and my car was done. My gas tank leaks everytime I turn on the engine. The door on the back seat of the right side is smashed in so I can't open either door on the passenger side. Now, the people want to settle out of court and they sent me something. Well, my sister missed a day of work, she had medical bills, I spent $180 getting my car out of the car towing place. The car is estimated at a fix of $1600. It's a piece of junk anyhow.

    They just sent me a paper over the fax that give me $1350 for the car and I get to keep it. I was thinking about junking it. I read the thing though and I'm not quite sure if they're giving me the $1300 for the whole situation or just for the car though. I'm still pissed I had to dish out the 180. Plus I had to drive it about 5 miles home which could have basically ended my life. I'm going to drop the fax word for word. Tell me if it's a decent deal or if I'm getting butt banged.

    For the SOLE CONSIDERATION OF One thousand Three Hundred fifty and no/100 Dollars(1,350.00) the receipt and sufficiency of which is acknowledge, the undersigned releases and forever discharges (the person who hit me), their heirs, executors, administrators, agents, and assigns, all other persons, firms or corproations liable, or who may be claimed to be liable, none of whom admit liability to the undersigned, but all expressly deny any liability from any and all claims, demands or suits of any kind on account of and resulting from damage to property caused by an accident which occurred on or about the 22nd day of June, 2006 at or near IL.

    This release expressly reserves all rights of the parties released to pursue their legal remedies if any against the udersigned, their heirs, executors, agents and assigns.

    Undersigned declares that the terms of this settlement have been completely read and are fully understood and voluntarily accepted for the purpose of making a full and final compromise adjustment and settlement of any and all claims, disputed or otherwise on account of hte damages above mentioned, and for the express purpose of precluding forever any further or additional claims relating to property damage arising out of the afresaid accident.
    I believe that's all that is in the letter. Can someone really break it down for me and let me know if it's for everything or just for my car??
  • fishepa
    I'm Ron F'n Swanson!
    • Feb 2003
    • 18989

    #2
    Re: Legal Question For All Those Who Know

    I'm not a lawyer, but I think what that means is that they give you $1350 and you therefore waive any ability to sue them for any damages or hospital bills, etc.

    Comment

    • ILLCHILL
      MVP
      • Feb 2004
      • 2820

      #3
      Re: Legal Question For All Those Who Know

      My aunts a lawyer and thats as close as I'll ever be to one. Seems to me like fishepa is right. They give you the money straight up and you agree to waive them of any liability for the accident.

      Im a 17 year old kid so take this for what it's worth but, if they are willing to settle out of court they must realize they'll get beat for more in court. So I guess I wouldn't take the settlement and get as much as I could out of it in court. Let us know how it goes.

      Comment

      • Beantown
        #DoYourJob
        • Feb 2005
        • 31523

        #4
        Re: Legal Question For All Those Who Know

        Just a question...did the police issue a citation to the other party involved in the accident?

        If that's the case...you can probably take them for a hell of a lot more.

        My sister was in an accident a month or so ago, and the police issued the other woman a citation, so the other lady's insurance company had to pay for every single medical bill, all 6000+ dollars worth of damage, plus they paid for the rental car my family got while the car was being fixed.

        Comment

        • Millennium
          Franchise Streamer
          • Aug 2002
          • 9889

          #5
          Re: Legal Question For All Those Who Know

          DO NOT ACCEPT THE $1350!!!

          That is exactly what that letter is stating. With the damage to your vehicle, and the fact that back issues have a tendency to pop back up from time to time, do not settle out of court unless your sisters back problems from here on out are covered fully by the insurance agency or the person who hit you.
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          Comment

          • WTF
            MVP
            • Aug 2002
            • 20274

            #6
            Re: Legal Question For All Those Who Know

            Definately do not accept this offer. They are trying to quickly settle this. There is no way on earth, especially since your sister is having problems, that you should even consider this.

            And yes, by signing this, you waive all rights to come back and try to get more at a later date. Definately do not do this. Tell them that you'll see them in court...
            Twitter - WTF_OS
            #DropMeAFollow

            Comment

            • SoMiss2000
              Hall Of Fame
              • Oct 2002
              • 20499

              #7
              Re: Legal Question For All Those Who Know

              Luv, do they have insurance? If so, file a claim against their policy. If they are covered, I would hope that you got their insurance info. PM me with any questions.

              One more thing, that's just for your car. It will not cover injuries, tow bill, etc. That's why I say, if they have insurance and you have their info, contact their carrier, file a claim. You sign that release, and waive any future recovery from them.
              "Never trust a big butt and a smile."-Ricky Bell
              Check out www.sliderset.net



              Currently Listening: The D.O.C.: No One Can Do It Better (evidence that rap music used to be good!)

              Comment

              • Shauk25
                Banned
                • Jul 2005
                • 754

                #8
                Re: Legal Question For All Those Who Know

                Settling out of court is usually good, because court costs are gonna hurt ya. But you want more than 1350

                Comment

                • CaptainZombie
                  Brains
                  • Jul 2003
                  • 37851

                  #9
                  Re: Legal Question For All Those Who Know

                  Don't sign Luv, you guys could get more if this goes to court.
                  HDMovie Room

                  Comment

                  • cjonesfan921
                    UGH, next year
                    • Jan 2005
                    • 20081

                    #10
                    Re: Legal Question For All Those Who Know

                    They should be liable for Car damages, tow pay, your sisters miss day of work pay, and her medical bills. Seeing as that would all equal way more then what they are offering, definatly don't accepit it.

                    Comment

                    • Dallasin2K3
                      MVP
                      • Jul 2002
                      • 3135

                      #11
                      Re: Legal Question For All Those Who Know

                      Originally posted by cjonesfan921
                      They should be liable for Car damages, tow pay, your sisters miss day of work pay, and her medical bills. Seeing as that would all equal way more then what they are offering, definatly don't accepit it.
                      Agreed. I'm not for taking advantage of the system and using a situation like this for every penny it's worth, but you should at least recuperate your costs, which this does not come anywhere close to doing. I'm guessing something like $2,100 plus medical bills (no idea what was done, but most likely is close to $1,000 even if it was minor, and could be significantly higher if there is anything seriously wrong with her back), plus punitive damages, which you could have account for a little more cash (maybe $1,000, again, depends on your inconvenience and the status of your sister). Looks like something that would be around 5 grand in court, minus your court costs, probably still 4K.. once again, depending on what your sister's situation looks like.

                      The telltale factor that should be a red flag to you is the fact that they went out of their way to try and settle for $1,350 ASAP. You can believe they spoke with their lawyers, who advised them that they should try and hammer something out, because if it goes to court, it is liable to be a significantly higher figure.

                      Good luck.
                      Originally Posted by Briman123

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                      Comment

                      • SoMiss2000
                        Hall Of Fame
                        • Oct 2002
                        • 20499

                        #12
                        Re: Legal Question For All Those Who Know

                        You can believe they spoke with their lawyers, who advised them that they should try and hammer something out, because if it goes to court, it is liable to be a significantly higher figure.
                        ...or could not have insurance and just wants this to go away because like you said, if it goes to court, they'd be out of much more.
                        "Never trust a big butt and a smile."-Ricky Bell
                        Check out www.sliderset.net



                        Currently Listening: The D.O.C.: No One Can Do It Better (evidence that rap music used to be good!)

                        Comment

                        • BGarrett7
                          All Star
                          • Jul 2003
                          • 5890

                          #13
                          Re: Legal Question For All Those Who Know

                          If I were your lawyer, I would advise you to keep it on the real.

                          Comment

                          • ndeezlo
                            Fum police
                            • Jul 2002
                            • 3272

                            #14
                            Re: Legal Question For All Those Who Know

                            Originally posted by BGarrett7
                            If I were your lawyer, I would advise you to keep it on the real.
                            this could possibly the best law advice ever.
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