If I rear-ended someone and we agreed that I would write her a check rather than filing claims, how do I protect myself from her filing a claim after taking my money?

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If I rear-ended someone and we agreed that I would write her a check rather than filing claims, how do I protect myself from her filing a claim after taking my money?

Asked on February 6, 2017 under Accident Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You get her agreement in writing BEFORE giving her the check: make sure she signs a settlement form indicating that she is accepting the check as payment in full of all claims, whether now known or later discovered, arising out of the accident and that she is knowingly and  voluntarily giving up any/all right to sue you for any injuries, damages, or losses from the accident. If she signs something before you give her the money, it will be an enforceable contract.


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