Legal Question in Civil Litigation in Florida

auto accident no injury lost wages

My neighbor parked at the end of my driveway and I hit his car while backing out. He was not in the car at the time. Because damages were slight and Florida insurance is outrageously expensive, I suggested we settle personally instead of using insurance. I phoned my insurance company and that was their off-the-record advice as well.

Then the neighbor obtained one written estimate to repair the dent in his fender for $1700. He had no paperwork to support a claim of $50/day x 7 days = $350 for a rental car and he is also asking me to pay $160 in lost wages for the time it takes him to drop off and pick up his car. I wrote him a check for $2000 and I'm waiting for paper copies of his receipts before paying more.

My question: I don't think he's entitled to lost wages if there was no personal injury -- is this correct? How do I protect myself now: when he provides the receipts I intended to ask him to sign and letter stating that he will waive all future claims related to the incident. In exchange, I'm willing to pay 50% of the ''lost wages'' even though I don't think he's entitled. Would that stand up in small claims court if he takes it there? What if he calls the insurance company after I've already paid him? Thanks . . .


Asked on 12/28/05, 9:02 am

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Re: auto accident no injury lost wages

You are on the right track. Certainly, in exchange for any more money, you will want a copy of the work order showing the damage has been repaired and his signed acknowledgement that your payment settles the matter between the two of you.

You will want a simple release - you might be able to find one on the Internet - that references the accident (include the date and your names), that in exchange for the money you have already paid the matter is settled and that he may never bring a claim against you in any court for that incident. If he does, do not panic. As long as the release is clear and you can prove you paid him specifically for the repairs (i.e., that you can show that you just didn't give him $2000), then you should be OK. Same thing if he calls his insurance company. Do not panic. You'll be able to show the insurance company that you paid for the damage and that he has no claim. If you feel you need the advice of another attorney, I'm certain there are several capable ones in your local area, or you can call your county bar association - it might have an attorney referral service.

The rental car charges sound reasonable. To double check, call any of the big rental car places (or if you can find out, call the place he rented his car from) and ask how much to rent a car (like the one he rented) for 7 days. I bet the rate will be right around $50 a day.

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Answered on 12/28/05, 10:12 am


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