Legal MVA Document

LEGAL MVA DOCUMENT

This Motor Vehicle Accident Settlement and Release Agreement (the "Agreement") is made and entered into as of by and between Claimant Name: with mailing address ("Claimant"), and Released Party Name: with mailing address ("Released Party").

RECITALS

WHEREAS, on or about , a motor vehicle accident occurred at or near involving vehicles driven or owned by the parties, and a law enforcement report reference number is (the "Accident").

WHEREAS, Claimant alleges that Claimant sustained personal injury, property damage, and related losses arising from the Accident, and seeks to recover damages from Released Party; and

WHEREAS, the parties desire to fully and finally resolve any and all claims, demands, actions and causes of action, known or unknown, arising out of or related to the Accident, without the expense, delay, or uncertainty of further litigation.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Claims" means any and all claims, demands, causes of action, suits, obligations, damages, liabilities, losses, costs and expenses (including attorneys' fees) of any kind or nature, whether known or unknown, suspected or unsuspected, arising out of or in any way connected with the Accident.

2. SETTLEMENT CONSIDERATION

2.1 Payment. In full and final settlement of all Claims, Released Party agrees to pay Claimant the sum of (the "Settlement Amount"), payable as follows: Payment Type: ; Payment Due Date: .

2.2 Allocation. The parties agree that the Settlement Amount is allocated as follows: . The allocation is for settlement purposes only and shall not be construed as an admission of liability or an admission of the nature or extent of any injury.

3. RELEASE AND COVENANT NOT TO SUE

3.1 Release by Claimant. Upon receipt of the Settlement Amount in accordance with this Agreement, Claimant, for Claimant's heirs, executors, administrators, agents, insurers, attorneys and assigns, hereby fully and forever releases, waives, discharges and covenants not to sue Released Party and Released Party's agents, employees, insurers, predecessors, successors, affiliates and assigns (collectively, the "Released Parties") from any and all Claims arising from or relating to the Accident, whether known or unknown, asserted or unasserted.

3.2 Scope. This Release extends to all Claims for bodily injury, property damage, lost wages, emotional distress, punitive damages, interest, costs, and attorneys' fees related to the Accident through the date of this Agreement.

4. NO ADMISSION OF LIABILITY

The parties expressly acknowledge and agree that this Agreement represents a compromise of disputed claims and that neither the payment of the Settlement Amount nor any provision of this Agreement shall be construed as an admission of liability, fault, or wrongdoing by any party.

5. REPRESENTATIONS AND WARRANTIES

5.1 Claimant represents and warrants that Claimant has not assigned or transferred any Claim related to the Accident to any other person or entity and that Claimant has full authority to execute this Agreement.

5.2 Each party represents and warrants that it has read and understands the terms of this Agreement, that it has had the opportunity to consult with counsel, and that it enters into this Agreement voluntarily and without duress.

6. INDEMNIFICATION

Claimant agrees to indemnify, defend and hold harmless the Released Parties from and against any and all losses, claims, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any third-party claim alleged to arise from facts existing prior to the Effective Date and attributable to Claimant's conduct, to the extent such claim is not covered by this Agreement.

7. MEDICAL TREATMENT AND LIENS

7.1 Medical Records. Claimant shall provide reasonable documentation of all medical treatment and expenses related to the Accident upon request. Description of injuries and treatment:

7.2 Liens. To the extent any third-party medical provider, insurer, or government program asserts a lien or claim against the Settlement Amount, Claimant shall be responsible for satisfying or resolving such lien or claim, unless otherwise agreed in writing.

8. CONFIDENTIALITY

Except as required by law or as necessary to enforce this Agreement, the parties agree to keep the terms, amount and existence of this Agreement confidential and not to disclose such information to any third party without the prior written consent of the other party.

9. COOPERATION

The parties agree to execute and deliver any further instruments and perform any acts reasonably necessary to carry out the purposes and intent of this Agreement, including executing releases, waivers, or other documents reasonably requested by the other party to effectuate the settlement contemplated herein.

10. TAX MATTERS

Each party shall be responsible for its own tax obligations arising from the payments made pursuant to this Agreement. The parties agree that no party is providing tax advice by entering into this Agreement.

11. NOTICES

All notices required or permitted under this Agreement shall be delivered in writing to the addresses set forth below and shall be deemed given upon personal delivery, commercial courier delivery, or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered.

12. AMENDMENTS; WAIVER

This Agreement may be amended or modified only by a written instrument signed by both parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom enforcement is sought.

13. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to principles of conflicts of law.

14. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, representations and understandings, whether written or oral.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intent of the parties as nearly as possible.

16. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be binding to the same extent as original signatures.

17. ATTORNEYS' FEES AND COSTS

In the event of any action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party as awarded by the court or arbitrator.

ADDITIONAL INFORMATION

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