Auto accident, settling out of court without insurance.?

I was in a very minor auto accident last week, and not at fault. The at fault party has decided that they would like to pay for damages on their own instead of claiming on the insurance since it is such a small amount. I received estimates to repair the damage as well as estimates from the auto rental company for the 3 days it will take to repair my auto.



The at fault party has agreed to pay the damages based on the estimates, and we agreed that we should draft some type of release of liability in exchange for payment of damages.



My question is this:



This person lives in another city. She is going to draft the document and have me sign it, then when she gets it back she will send me the payment. Is there another way to do this so that I don't sign away the responsibility and never receive the payment? I really couldn't ask her to send me the payment then I would sign, because she would be in the same boat I am. What can we do to guarantee we both get what we need when meeting in person is not possible? It also doesn't seem like this is a person who is willing to find a courier or postal carrier that will allow me to sign a document and deliver a payment.Auto accident, settling out of court without insurance.?
Jtexas is right you really should have your insurance company involved.



Because you're not going through insurance, here's my suggestion:

You don't owe them anything. Make them send you a check or money order.

They hit you, they owe you money. They should pay you what you deem is fair and they receive some sort of a receipt from you acknowledging payment. If they do not pay your predetermined amount or the entire amount, you take them to court. End of story.

You should not sign anything saying they made the payment until the check clears. If they don't like it, too bad. They shouldn't have hit your car and tried to do this without insurance involved.Auto accident, settling out of court without insurance.?
Do NOT sign any sort of release without a bank check (not a personal check) in hand.



You are doing her a favor. I'm assuming you have her insurance info - you could call them and submit a claim whether she liked it or not. Either she needs to trust you or hire a courier to deliver the check to you and get the signed doc at the same time.



If she refuses, tell her you will be submitting a claim on her insurance. Auto accident, settling out of court without insurance.?
Yes JT is right. Do not accept any kind of payment from this person. Put the claim in with their insurance company.



If you don't you will have problems later.
simple answer: make an insurance claim.



I'm not being a smart-xxx either -- here's my reasons: by not being willing to come to you for the release, the other party is making it hopelessly complicated.



If the body shop finds more damage after they take your car apart, who's going to pay for that?



If it takes longer than the 3 days, who's paying for the extra rental?



If you were going through insurance, the insurance company would pick up the tab -- you wouldn't release them from liability until your car was finished and you had inspected it.



Top it all off, now she expects you to jump through hoops to get paid?



That's a lot for you to give up. I'd expect compensation for that.



It's nice you want to do a favor for a stranger, but enough is enough.



Oh, forgot to answer your question: "What can we do to guarantee we both get what we need when meeting in person is not possible?" Get someone to act as a go between. A lawyer or banker -- you give the signed release to them, they hold it until they confirm that the funds have been transfered, then forward it to the other party.



It's the only way. I think you should insist on a face to face in your city.