Legal Question in Civil Litigation in New York

Re: Property Damage Resulting from Auto Accident

Don't sign anything that says you won't sue him;

in effect that would be a release from liability that could be used as a defense in court.

You can however, suggest that if he agrees in writing to a payment schedule for the damage,

and makes the payments in a timely manner there won't be any need to sue him.

Re: Property Damage Resulting from Auto Accident

Tell him that the alternative to your retaining your right to sue him is a settlement agreement providing for a payout over time and also providing that, if he defaults in payment, you may enter a judgment in the full amount of the claim. This is typically done via a document called a "confession of judgment," which most litigators have lying around their offices. This eliminates the need to sue and provides you some (and I emphasize the "some" part) security while allowing him breathing room to pay off the obligation.

Bear in mind that if he skips town, even if you have a judgment, you'll still have to collect it. If he's an active-duty Marine, collection will be very difficult.

Good luck.

Tom Luz