Boat ramp accident. Need your guys opinion

[Fffrank]

Good on you for doing the right thing  (even though you're dealing with a jerk.)  I would have also wrote the check just to wash my hands of it.

[shawndoggy]

On 1/25/2020 at 11:57 AM, Infinitysurf said:

Having a background in similar situations, my .02 is that if you do mail him a check (whether its for this amount or for a different amount)...in the memo line make sure you write Agreed settlement & PAYMENT IN FULL for damage caused on ??/??/????. If he cashes or deposits the check it basically creates a contract that he has agreed to by cashing/depositing the check. Since you wrote it on the memo line and he say it before cashing the check, it becomes an implied contract that is pretty easily enforceable/defendable.

Check your local jurisdiction.  Many states, including mine, have abandoned accord and satisfaction.  Meaning writing "payment in full" or "full satisfaction of all claims" or whatever won't work unless that was the agreement of the parties.  Basically the recipient can cash the check and pursue a deficiency against you if the recipient never agreed to accept the original amount as full payment in the first place.  

[Eagleboy99]

17 minutes ago, shawndoggy said:

Check your local jurisdiction.  Many states, including mine, have abandoned accord and satisfaction.  Meaning writing "payment in full" or "full satisfaction of all claims" or whatever won't work unless that was the agreement of the parties.  Basically the recipient can cash the check and pursue a deficiency against you if the recipient never agreed to accept the original amount as full payment in the first place.  

You must play a lawyer on the Internet.    Good catch!  https://app.leg.wa.gov/RCW/default.aspx?cite=62A.3-311

[anotherrunner83]

you did the right thing, even if it was a little steep.  dragging your boat to a dealer is rarely convenient, nor is scheduling a repair is ever convenient.  he did the leg work, albeit a little shottily, but he did.  i wouldn't feel like i had been too ripped off.  no insurance claim, no premium bump, you feel good, he's happy with it....all good.

[dwc032]

Yeah, I didn’t want to write the check.  But like I have said before, it was my fault and just wanted to be done with it. 
 

once again, I appreciate all your guys help. This is a pretty cool forum, I can come and ask questions, tell you guys I messed up and not get ridiculed.  I’m on lots of other forums and would never have posted this up.  

[dwc032]

13 hours ago, shawndoggy said:

Check your local jurisdiction.  Many states, including mine, have abandoned accord and satisfaction.  Meaning writing "payment in full" or "full satisfaction of all claims" or whatever won't work unless that was the agreement of the parties.  Basically the recipient can cash the check and pursue a deficiency against you if the recipient never agreed to accept the original amount as full payment in the first place.  

Well let’s hope it doesn’t come to bite me in the a**.  I did get to talk to the Sanger dealer and he said he gave the same estimate to the owner.  

[Leftlane]

Hope you threw your son’s phone right in the lake.

[braindamage]

On 1/28/2020 at 12:38 AM, dwc032 said:

Yeah, I didn’t want to write the check.  But like I have said before, it was my fault and just wanted to be done with it. 
 

once again, I appreciate all your guys help. This is a pretty cool forum, I can come and ask questions, tell you guys I messed up and not get ridiculed.  I’m on lots of other forums and would never have posted this up.  

I give you credit for taking responsibility and following through. 

My $.02 is not about the other boat, but about your son.

Both my sons have gotten into auto accidents and not only did they pay for the damages, but they did all the legwork of talking to the other owner, the insurance company, shop, etc.  I think it gives them life lessons.

Edited February 8, 2020 by braindamage

[dwc032]

This was his first accident. He felt terrible, we talked about it and how important it is to just put your phone down and not touch it while your in the drivers seat. 
 

And yes I definitely wanted to throw his phone in the lake....lol

Edited February 9, 2020 by dwc032