Legal Question in Personal Injury in Texas

I hit some one in a truck that was registered to my dads compay I was driving insurance had lapse. I want to make sure this document keeps him from filing a lawsuit against me or my dads company.I, _________________, of _________________, _________________, _________________ _________________, for and in consideration of the payment to me of $3,700.00, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge person that hit me, of 2725somewhereblvd , fort worth, Texas , their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, whether known or unknown, fixed or contingent, which I now have or may hereafter have or claim to have, as a result of or in any way relating to the following: an automobile accident that occured on Horne Street, somewhere, Texas on Saturday January, 23 2016 It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction of the aforesaid actions, causes of action, claims and demands; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely a recital. Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of Texas. This Release has been read and fully understood by the undersigned witnesses, _________________ and _________________, and has been explained to me.


Asked on 2/02/16, 7:27 pm

1 Answer from Attorneys
Robert Stephens Stephens & Stephens

This release language will not keep him from filing a lawsuit against you. Though your insurance may have elapsed, I would urge you to report it to your dad's insurance company and let them handle it. I think you are at risk in the event there is a policy of insurance that might be available, and you do not reported to them. Go hire a lawyer and get him to do a proper release for you so that you are protected. You have not wanted to report it to your dad's insurance company, apparently, and you are trying to fashion a release in which there is no notary. Also, where the names of the people that are to be released. If you have not put it in there, just because you were going to put it on this list server, I can understand. However, you want the names of every body that it is possible for the defendant to make a claim against. Also, you do not have anybody other than the person signing the release and the person signing the release is not giving the release on behalf of himself, his agents, servants, employees, and assignees, etc. You get what you pay for. You leaving yourself exposed and your dad's company on a negligent entrustment theory when there is not any reason to do so if your dad's company has insurance. I have not done any research, and this is not a legal opinion, but I have pointed out some things that you must consider. Go get a lawyer to do a proper release.

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Answered on 2/03/16, 3:53 am


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