If I was at fault for an accident and agreed to a settlement with the other party by paying out of pocket for the damage I caused, do I need a written agreement so they don’t sue me later?

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If I was at fault for an accident and agreed to a settlement with the other party by paying out of pocket for the damage I caused, do I need a written agreement so they don’t sue me later?

Asked on February 17, 2015 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Both you and the other party need to sign a release.  This is a release of the claim so that neither party can file a lawsuit regarding this matter in the future.  The parties release their claims due to the settlement of the case.

At the law library, look in California Forms of Pleading and Practice for a release of liability.  This will give you the general format (form language) to include in the general release of a claim.  Ask the law librarian to help you find it.


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