Legal Question in Personal Injury in New York

Payment for Damages
My girlfriend left a luggage cart unattended which then rolled off a curb and hit a parked car, denting it. I said we would take care of the damage to the car and received a letter along with an estimate from the owner's attorney. There were several incorrect statements in the letter from the attorney, and I do not want payment on my part to be contrued as acceptance of false items. I would like to pay the estimate, but would also like to ensure that by me paying it, he is accepting payment in full for damages and does not try to come back for more money. (if the body shop were to somehow screw up his car more, or something stupid like that). What can I do to protect myself in this situation? This happened in New York, NY, if it makes a difference.

Thank you in advance.

Asked on 7/11/06, 7:30 am

3 Answers from Attorneys

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Re: Payment for Damages

If you want to make sure this is settled, have the claimant sign a release before you send them a check. A local attorney can draft one for you for a nominal fee.

Answered on 7/11/06, 7:49 am

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Stephen Loeb Law Office of Stephen R. Loeb

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Re: Payment for Damages

A signed general release prior to payment should do the trick.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Answered on 7/11/06, 9:39 am

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