How do I protect myself from further liability and claims after a car accident that was my fault?

I recently just got into a car accident that was my fault. The person I hit agreed to let me pay her privately without getting the insurance involved. Will a signed settlement cover me? If so, what should I put into the agreement? Can you give me a template/let me know where I can find one?

Asked on August 26, 2011 Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You cannot truly waive much but unless you have counsel, you would need to research for the type of waiver you are looking for to cover you in this situation. Ultimately, this is going to be problematic because you will need to have her sign documentation stating she is accepting monies from you as a result of this motor vehicle accident and as a result of this accident the monies she accepts will be a full and fair and final settlement of this matter. She must waive any right to future claims for her motor vehicle and personal medical issues. If she doesn't sign, you should immediately contact your insurance provider and report the accident because if you don't, you may wind up completely waiving your right to be covered by the insurance company. If she has not called the police (police were not at the scene) and she did not need medical transport, you should be okay. Ultimately, however, the insurance company would consider this against your policy if it finds out. Do not risk cancellation of your policy.


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