Nope. It was enforceable. Consulted a lawyer. Standard for cash settlements actually. Any time you settle a claim outside of insurance you should have one. Otherwise they could file a claim immediately after getting the cash.
Same shit corps do with "out of court" settlements when someone sues and has a good case to win.
Sharing a cautionary tale from personal experience: always look both ways carefully
The first year I got my license (15+ years ago) I looked one way then the other. Rolled forward. Hit a cyclist that was riding full speed on the sidewalk in the wrong direction. Bent front tire and they lost balance. I immediately got to to apologize and ensure she was OK. Offered to call an ambulance, friend, ride to her destination or even a taxi. She declined all of it and ensured she wasn't injured. We exchanged information.
Got them to a bank and Throw themsettled for $200 to repair/replace her bike then made them sign a waiver of liability with no fault admitted. She didn't like signing the paper and I told her $200 now and sign or go through my car insurance.
Worth the $200 to make it go away avoid insurance bs.
I always look both ways and glace down the damn sidewalk too for cyclists now.
Edited for clarity.
Full account:
These events happened over the course of two weeks. I didn't think I'd be scrutinized this much over sharing my experience.
Crashed into a cyclist while I was going 5 or 10 mph. No idea how fast she was going but I looked right and didn't see anyone. Then left and rolled forward. Then bent her front tire and she dismounted. My car got up to her front axle.
I immediately got out. Apologized. Asked if she was OK. Offered to call ambulance, taxi or friend. She was upset (rightfully so) but we exchanged info and I gave her my insurance. She turned down my offer to call anyone for assistance or give her a ride to her destination.
I opened a claim with my insurance immediately. Gave my statement. Told them idk what she wants to do but I'm covering my bases.
I called her 3 days later. Asked how she was doing. She said she was a little sore but fine. Didn't go to the hospital. I told her I opened a claim and got a PIP if she needs medical attention. She reassured she was physically fine. I offered $200 to repair/replace the bicycle and she accepted. I told her I'd reach out to schedule it later andy insurance was going to call her for a statement. She agreed.
Told my family about the crash. Glad she was OK. Family warned me to be careful she doesn't continue the claim after getting cash. This is maybe a week later. I consulted a lawyer and they said a letter with XYZ would cover me legally. I also happened to run into a cop at a coffee shop and asked him his opinion. He said it was hard to say but from his perspective I wasn't at fault.
I scheduled a meet up a week after the accident. Set the location near her at a bank. Safe public place. Presented her with the money order and waiver of liability. She initially didn't want to sign so I explained my side.
It's just to cover me so she doesn't continue the insurance claim or sue me after the payment. If she's concerned about anything long term she can continue with the insurance claim or take a payment now with a waiver and we go our separate ways. She wasn't happy with signing a waiver but wanted this behind her so she signed (notorized by the bank) and took the payment.
I really didn't want to say all that because it's a wall of text but being downvoted and attacked for sharing my experience is going to remind me to keep my damn mouth shut.
This is also me but then I go for the chocolate...
Less real food more junk food. Snacks for dinner. Ive had water and candy today (I don't buy soda or it would be that). Last "meal" was a sandwich like 18 hours ago.
Nope. It was enforceable. Consulted a lawyer. Standard for cash settlements actually. Any time you settle a claim outside of insurance you should have one. Otherwise they could file a claim immediately after getting the cash.
Same shit corps do with "out of court" settlements when someone sues and has a good case to win.