This agreement allows two parties to settle a claim for the damage to their automobile,
persons or other property outside of court. This document is intended to provide
standard terms that have been agreed upon by the parties, such as the nature of the
claim and consideration for the agreement. It is also customizable allowing the user to
include additional terms. This agreement is ideal for individuals that have been in a car
accident and want to settle all claims outside of a courtroom.
AGREEMENT TO SETTLE AN AUTOMOBILE ACCIDENT CLAIM
This is an Agreement to Settle an Automobile Accident Claim (property damage), made on this
__________ day of __________, _____ by and between Party 1 and Party 2 (hereinafter the
BETWEEN: ____________________ [PARTY 1 NAME/ADDRESS]
____________________ (hereinafter “Party 1”),
AND: ____________________ [PARTY 2 NAME/ADDRESS]
____________________ (hereinafter “Party 2”).
WHEREAS, Party 1 and Party 2 now desire to settle completely and for all time all
claims and causes of action relating to property damage caused by or related to
________________________________ [DESCRIPTION OF ACCIDENT, INCLUDING
NOW THEREFORE, in consideration of the following covenants and promises and for
other valuable consideration, this Agreement is entered into by the undersigned parties.
[INSERT DETAILED DESCRIPTION OF EVENTS GIVING RISE TO CLAIM, INCLUDING
LOCATION, DATES, PARTIES, AND SUPPORTING DOCUMENTS.]
Party 1 hereby represents that It/He/She (hereinafter “It”) has neither filed nor caused to be filed
any pending charges, suits, claims, grievances, or other action (hereinafter the “claims”) which in
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any way arises from or relates to the events detailed above. Notwithstanding the above, Party 1
agrees to immediately dismiss any claim that it may have filed.
Party 1 agrees not to file, pursue, or cooperate in the filing or pursuit by any other individuals
who may be involved in claims against Party 2, on behalf of Party 1, due to the events detailed
above. Should Party 1 learn of any claims of the type described above, It shall use its best efforts
to cause such claims to be dismissed, withdrawn, or otherwise terminated.
Party 1 hereby does release, cancel, forgive, and forever discharge Party 2 and each of its
predecessors, parent corporations, holding companies, subsidiaries, affiliates, divisions, heirs,
successors, and assigns, and all of their officers, directors, and employees from all actions,
claims, demands, damages, obligations, liabilities, controversies, and executions, of any kind or
nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or
may have arisen, or may arise, due to the events described above from this day and each day
Party 1 does specifically waive any claim or right to assert any cause of action or claim or
demand, which, through oversight or error, intentionally or unintentionally, or through a mutual
mistake, has been omitted from this Agreement.
In consideration of the agreements made by Party 1, Party 2 agrees to
[DETAIL SETTLEMENT OF PARTY 2 INCLUDING PAYMENT/SPECIFIC
PERFORMANCE/DEADLINES FOR PAYMENT AND/OR PERFORMANCE]
The provisions of this Agreement are to be read as a whole and are not separately enforceable or
severable by either party hereto. This Settlement of Claim Agreement shall be binding upon the
parties, their successors, assigns, and personal representatives. Neither party shall have any
future rights or duties hereunder.
If judgment is required to enforce the contents of this Agreement, or any remedy or breach
thereunder, the non-prevailing party will pay court costs and attorneys’ fees. Each party shall
pay its own attorneys’ fees, if any, incurred in connection with the negotiation and drafting of
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