VIEWS: 9 PAGES: 5 CATEGORY: Other Personal Legal Documents and Forms POSTED ON: 7/3/2014
This Car Accident Release of Liability is a template to be utilized by parties settling a claim based on a car accident. The document contains numerous standard clauses as well as customization options including a confidentiality clause and common insurance issues clause. Under this release agreement, the party responsible for the car accident will pay a certain amount of money to the other party for the release of all claims associated with the car accident. This document could be utilized by individuals involved in a car accident wishing to avoid the expense of litigation and/or insurance claims.
Car Accident Release of Liability This Car Accident Release of Liability is a template to be utilized by parties settling a claim based on a car accident. The document contains numerous standard clauses as well as customization options including a confidentiality clause and common insurance issues clause. Under this release agreement, the party responsible for the car accident will pay a certain amount of money to the other party for the release of all claims associated with the car accident. This document could be utilized by individuals involved in a car accident wishing to avoid the expense of litigation and/or insurance claims. CAR ACCIDENT RELEASE OF LIABILITY THIS CAR ACCIDENT RELEASE OF LIABILITY (hereinafter referred to as the “Agreement”) is made and entered into as of __________________, [Instructions: Insert the date of this agreement] by and between ________________________ [Instructions: Insert the name of the party at fault, referred to as the “Negligent Party”] (hereinafter referred to as the “Negligent Party”), of _________________________________ [Instructions: Insert the Negligent Party’s address] and ________________________ [Instructions: Insert the name of the party not at fault, referred to as the “Driver”] (hereinafter referred to as the “Driver”), of _________________________________. [Instructions: Insert the Driver’s address] 1. The Driver, for consideration in the amount of $_____ (____) [Instructions: Insert the amount the Negligent Party will pay the Driver for this release. If none, delete the section highlighted in yellow above] receipt and sufficiency of which is hereby acknowledged, does hereby forever release and discharge the Negligent Party [Optional language: and the Negligent Party’s insurance company] identified above, from any and all claims or causes of action which the Driver now has or may have because of the motor vehicle accident which occurred at _____________________________ [Instructions: Insert the Accident’s location] on ________________ [Instructions: Insert the Accident’s date] at __:__ am // pm [Instructions: Insert the Accident’s time] (hereinafter referred to as the “Accident”). 2. It is hereby further understood and agreed that this settlement may be a compromise of a doubtful and disputed claim and that the consideration exchanged is not to be construed as an admission of liability on the part of the parties released, and such liability is expressly denied herein. [Optional language: The parties hereby further acknowledge and agree that each driver involved in the Accident, and/or each car involved in the Accident is insured in accordance with the applicable requirements of the jurisdiction in which it is titled or registered, and that each party has the right to and has chosen to settle such claim through this Agreement and without submitting a claim to any applicable insurance company, whether or not such claim may be permitted. Each such party further respectively waives any right to submit any such claim now or in the future.] 3. It is also hereby further understood and agreed that this Agreement discharges all liability between the Negligent Party and the Driver as named herein only. The parties expressly reserve the right to pursue other claims or causes of action against all others who are or may be liable in the above-referenced Accident, except as otherwise set forth herein. [Optional language: The parties agree they will keep the facts, terms, negotiations, and amount of this Agreement completely confidential and that they will not disclose any information concerning this Agreement to anyone, provided either party may make such disclosures as are required by law and as are necessary for legitimate enforcement or tax compliance purposes. Notwithstanding the foregoing, each of the parties may discuss the facts, terms, negotiations and amounts of this Agreement with their respective attorneys, accountants and to the extent necessary to enter into this Agreement, employees and/or directors and/or officers, subject to any such additional persons being subject to this confidentiality clause.] © Copyright 2014 Docstoc Inc. 2 4. This Agreement shall be binding upon the parties and their heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of the parties and each of them and to their heirs, administrators, representatives, executors, successors, and assigns. 5. Should any provision of this Agreement be declared or be determined by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and the illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this Agreement to the extent the same shall be declared or determined to be illegal, invalid or unenforceable. 6. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof. This Agreement shall be governed by the laws of the State of ________________ [Instructions: Insert the state’s laws that will govern this agreement] to the extent not preempted by federal law. 7. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties. 8. Each party represents that it has had the opportunity to consult with an attorney, and has carefully read and understands the scope and effect of the provisions of this Agreement. Neither party has relied upon any representations or statements made by the other party hereto which are not specifically set forth in this Agreement 9. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the parties hereto, with the full intent of releasing all claims. The parties acknowledge that: (a) they have read this Agreement; (b) they have been represented in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice or that they have voluntarily declined to seek such counsel; (c) they understand the terms and consequences of this Agreement and of the releases it contains; (d) they are fully aware of the legal and binding effect of this Agreement 10. The parties represent and agree that the persons executing this Agreement on behalf of each party has the full and complete permission and authority of the entity for which he or she is executing this Agreement, and have the full right and authority to commit and fully bind themselves, their representatives, agents, principals, predecessors, successors, and privies according to the provisions hereof. This Agreement is a legally valid, binding and enforceable obligation of the parties in accordance with its terms. 11. This Agreement may be executed in one or more counterparts, including by facsimile, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. © Copyright 2014 Docstoc Inc. 3 IN WITNESS WHEREOF the parties have duly executed this Agreement as of this ___ day of _____________, 201__. [Instructions: Insert the date the parties will sign this Agreement] NEGLIGENT PARTY DRIVER _______________________ _______________________ [Comment: No notary or witness lines have been provided, however they may be added if applicable or necessary] © Copyright 2014 Docstoc Inc. 4
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