Collision with cyclist

[adviceplease]

Hi all,

I had an accident in my car with a cyclist at the weekend and as I have no desire to get embroiled in a battle over blame, I've agreed to pay for the repairs to his bike (he told me at the scene and on the phone since that he is uninjured). I see it as prudent to get him to sign something to say that this will be the end of the matter and, in case he decides to pursue it further later, that making a payment isn't an admission that I was at fault.

So far I have come up with this:

I said:

I understand that I will receive payment of £xx to cover the cost of bike repairs following a collision between (details of accident, time and place) I accept that this payment will represent a full and final settlement with regards to the incident and that provision of this payment does not represent an admission of guilt by either party.

What kind of legal comeback would I have if he signed this but then decided to claim he was injured and/or any other damages?

Any advice much appreciated.

[justinp1]

Hi,

I am not a solicitor but I did study contract law at some depth at uni.

The only way such a contract could be argued is if there could be some doubt later, ie what the payment is for etc, even if the money was received or not, or if the contract was signed by the correct party.

You have gone about it the right way. By accepting comensation in this way this does effectively stop him from 'unagreeing' the compensation later on.

To cover your proverbial arse even more though I would ensure that:

1) Change the 'admission of guilt' bit of your contract to: by signing you agree that neither party is to blame.

2) Pay the money in a traceable way to prove it has been received. The best way to do this will be by internet banking as you will have a record of receipt and you can even add a reference to the payment to appear on your bank statements.

3) If you want to be *really* careful though, you could add the space for a signature for a witness who will be a third party. This way you have an independant witness to prove that the contract was signed.

With these things in place I cannot see a legal way around disproving what has been signed.

Hope this helps!

[Balmoral Green]

Looks dodgy to me, far from covering yourself, I reckon you are leaving yourself wide open.

Paying someone off and then trying to word an agreement so that they waive any further claim just screams guilty as sin on your part to me.

[flemke]

adviceplease said:

I said: I understand that I will receive payment of £xx to cover the cost of bike repairs following a collision between (details of accident, time and place) I accept that this payment will represent a full and final settlement with regards to the incident and that provision of this payment does not represent an admission of guilt by either party.

This appears only to cover liability with regard to damage to the bicycle. Surely your greater exposure and concern relate to his person.
Injuries can manifest themselves a considerable time after the moment when they have been caused, so even a clear assertion from the cyclist that he is fine would not at this point give you permanent protection. It would however help - if only to discourage him from trying it on at a later date.

[Mad Moggie]

adviceplease said:

Hi all, I had an accident in my car with a cyclist at the weekend and as I have no desire to get embroiled in a battle over blame, I've agreed to pay for the repairs to his bike (he told me at the scene and on the phone since that he is uninjured). I see it as prudent to get him to sign something to say that this will be the end of the matter and, in case he decides to pursue it further later, that making a payment isn't an admission that I was at fault. So far I have come up with this: I said: I understand that I will receive payment of £xx to cover the cost of bike repairs following a collision between (details of accident, time and place) I accept that this payment will represent a full and final settlement with regards to the incident and that provision of this payment does not represent an admission of guilt by either party. What kind of legal comeback would I have if he signed this but then decided to claim he was injured and/or any other damages? Any advice much appreciated.

Be very careful. Saying "sorry" these days can be viewed by other party as accepting liability -even if innocent in matter.

Think about it all very carefully and just get all facts clear in your mind. If need be - go back to the accident site and look for debris - take photos to refresh memory of facts as they appeared to you at the time.

He says he is not injured - but good news - if he claims - we can "age" the injury to some extent - ie - we know if recent or not.

You give no detail so difficult to help in terms of "blame" - and advice - so al I can advise is "caution" - and get each fact of this incident clear in your mind - and if you are negotiating with the guy - take photos of the bike so that you can check the repairs to it. Taking a photo or video of the cyclist? I would try to if in this situation as I trust no one in such matters.

[GreenV8S]

In the past, I've seen this sort of settlement being described as being 'in full and final settlement of any claim that either party may have upon the other in relation to this incident'. I think that would cover you about as well as you're going to get without getting a lawyer to write it for you. Presumably the way you would approach him would be to send him two copies of a letter making this offer, he would sign one copy and return it to you, you would then send the payment. In that case you would be advised to say how soon you will make the payment i.e. within X days of receipt of the signed agreement.

[hanse cronje]

i appreciate you may not want to but it would be wise to tell our insurer, years ago you could send in a claim form with "for information only" across the top, people have a habit of talking to the pub expert and then going to see smash it, grab it and rip off to claim against you.

Slight dent in NCB is better than the ££££ claim and then having to tell them at a later date and prejudicing their position to defend you

[Balmoral Green]

I still dont buy any of this, the more trouble you go to to make sure that everything is laid out as clearly and concisely as possible to absolve yourself of any further claim, the more deeply mired you become.

Do you know what the legal position of either party is? do you know if there is any statuate on making a claim? do you know what the statuates even are? It may be that you are simply asking someone to waive something which in law they cannot. A bit like a car dealer writing 'sold as seen no warranty given' when selling a car to Joe Public, statutory rights cannot be waived, by writing a disclaimer into the contract he has made things even worse and weakened his position.

I would take proper advice, it may have been safer and simpler to have told the guy to either off and give him nowt, or to have gone through the proper channels re-insurance and culpability.

I reckon by doing this you are giving him all the ammo he needs to persue the claim much further, the irony is quite delicious though

[WildCat]

hanse cronje said:

i appreciate you may not want to but it would be wise to tell our insurer, years ago you could send in a claim form with "for information only" across the top, people have a habit of talking to the pub expert and then going to see smash it, grab it and rip off to claim against you. Slight dent in NCB is better than the ££££ claim and then having to tell them at a later date and prejudicing their position to defend you

I agree = Liebchen cannot remember name of site l. ist 5-0 do Googly - ist somewhere on archive of this forum as well - ist site for Insurance specifics.. und ist very useful I think on this one.

Perhaps you should inform in case person try it on. Ist not wise to "trust" people like this. I am with Balmoral on this one 100%.

Be honest as to how accident happen - if they make no claim - then your company will take that into account as well. Insurers can be sharks - but they do not wish to shell out cash if they can avoid it. Und if you have a Protected NCB.. but do ask the expert on that 5-0 ..Five -O site.. perhaps someone can provide link as have forgotten but know I saw it on here und had a look-see ..

[Hollywood Wheels]

Balmoral Green said:

I reckon by doing this you are giving him all the ammo he needs to persue the claim much further