Paying for property damage

[kay/IL]

Hi, I am a long time reader (lurker) of this forum.

I have seen many people ask for and get good (and bad) advice. I have a question that I hope someone can help me with.

Three weeks ago my son drifted off the road, over corrected and ended up in a fenced in field. The car came to a rest against a tree. The tree is about 5 ft tall and was leaning pretty badly.

The police came and took a report, we contacted our insurance agent as did the property owner. My husband and I decided to pay all costs ourselves as the car was barely damaged and the damage to the fence was three posts, barbed wire, and the tree.

The property owner has decided on $300 for the damage. We have no problem with paying this. How do we go about paying this and then making sure he does not later come back later asking for more money? He did not get estimates, he said he could not find anyone willing to give him an estimate.

Thanks, Kay

 

[Pam]

Hi, Kay!

I really don't have info for you -- but I didn't want you to think that you were being ignored.

Is is possible for you to type up something on your computer that you could have the property owner sign stating that he/she has accepted the $300.00 as payment in full for the damages?

And I'd also give them a check for the damages.

I'm glad your son was okay!

 

[disney junky]

Hi, Kay!

I really don't have info for you -- but I didn't want you to think that you were being ignored.

Is is possible for you to type up something on your computer that you could have the property owner sign stating that he/she has accepted the $300.00 as payment in full for the damages?

And I'd also give them a check for the damages.

I'm glad your son was okay!

I agree...hopefully it's a nice, easy transaction, but I would get something signed or perhaps put in the memo portion of the check, paid in full or, endorsement indicates payment complete. Something like that....I learned that from an old People's Court.

 

[budbeerlady]

Get it in writing!

Dh in his not so wonderful younger years had a similar situation. We paid the cash ($150) to the home owner for a section of split rail fence and a shrub. (Serious curve in the road and every winter someone takes out this fence!) Should have been the end of it, the homeowner turned it into his home insurance. The home insurance company went after Dh for the money they paid out to fix the fence and replace the shrub! (They did put up a nicer white fence, hence the cost!) It was a mess, luckily taken care of by our insurance company so we didnt have to pay the $1500 they were asking for.

 

[kay/IL]

Thanks for the advice.

I like the idea of getting it in writing. Any ideas how to word it?

Thanks, Kay

 

[christineann]

I, ________________, having received Three Hundred ($300.00) Dollars from __________________ ("Payer"), do hereby release Payer from any and all claims for damages resulting from an incident on or about ___________, 2007.


______________ __________________________
Date Name


_______________ ___________________________
Date Witness


Edited to Add: "name" and "witness" go under the lines on the right side.

 

[janey99]

You want to prepare a release, satisfaction and hold harmless.

"The consideration herein described (the settlement amount) is full and complete satisfaction for all damages in connection with "the incident" and "the damager" is hereby granted a full and complete release from any and all liability accruing as a result of "the incident." The recipient further agrees to hold "the damager" harmless from attempts by third parties to recover amounts in connection with "the incident."

This is a skeletal one, you can flesh it out as much as you want. The above language protects you from a third party like an insurance company trying to collect from you in the event that the damaged party tries to take your money AND make an insurance claim.

No offense to the poster above me, but that language is not fully protective.

Good luck,

Jane

 

[LadyyRedd]

Get it notarized!

Kimya