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Son in accident of no fault other party want to settle out of court.
My son has a car in my name in another state for college. A lady crossed three lanes and hit him and was given a citation.
She asked to settle out of court and she agreed to pay for the damages, which she mailed a cashiers check for the damages in the dealers name, no problem.
I spoke to the lady and asked her to pay for his rental for three days, while the car was in the shop and I told her that I was going to send her a written statement agreeing that she was at fault and that she would pay for anything that wasn't in the original estimate, if needed.
Is there anything specific that I should include in this statement that I asked her to have notarize?
You have to be clear about what you will sue her for in case things don't go your way. Any injuries? What about the rental car if the car has to be back at the shop? What if the actual cost of repair is more than the estimate? How is that going to be handled?
You are in an interesting position. Usually, they are the ones that want to put it on writing. She wants a release of all claims from you before she gives you any money.
You can agree that she will pay all damages related to the accident even if they are more than the actual estimate and rental. This will cover you in case new things come up. The question is really going to be if she is really going to go for it? (I would not).
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