The Car Accident Release Of Liability Form is a critical legal document used in Switzerland when parties wish to formally settle and close all claims arising from a motor vehicle accident. This document is designed to comply with Swiss federal legislation, including the Swiss Code of Obligations and the Swiss Road Traffic Act, while being adaptable to specific cantonal requirements. It serves as a comprehensive settlement tool that includes accident details, settlement terms, and explicit releases of liability. The form is particularly important in cases where insurance companies are involved and where parties seek to prevent future claims related to the same incident. It can be used for both minor accidents with property damage only and more complex cases involving personal injury, providing a legally binding resolution that protects all parties' interests under Swiss law.
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1. Parties: Identification of all parties involved, including full legal names, addresses, and any relevant identification numbers (e.g., driver's license numbers)
2. Background: Brief description of the accident, including date, time, location, and vehicles involved
3. Definitions: Clear definitions of key terms used in the agreement, including 'The Accident', 'The Claim', 'Settlement Amount', etc.
4. Accident Details: Detailed description of the accident circumstances, including reference to any police reports or official documentation
5. Settlement Terms: Specific details of the settlement amount and payment terms
6. Release of Claims: Express statement releasing the other party from all claims related to the accident
7. Full and Final Settlement: Confirmation that this settlement represents the full and final resolution of all claims
8. Governing Law: Specification that Swiss law governs the agreement
9. Signatures: Signature block for all parties, including date and place of signing
1. Insurance Company Acknowledgment: Section for insurance company acknowledgment and approval, required when insurance companies are involved in the settlement
2. Medical Release: Specific release for medical claims and future medical expenses, needed when personal injuries were involved
3. Property Damage Details: Detailed section about property damage when significant vehicle or other property damage is involved
4. Confidentiality: Confidentiality provisions if parties wish to keep the settlement terms private
5. Translation Declaration: Required when the form is provided in multiple languages, common in Switzerland's multilingual context
6. Witness Statement: Optional section for witness confirmation, recommended for larger settlements
1. Schedule A - Accident Report: Copy of official police report or accident documentation
2. Schedule B - Damage Documentation: Photographs and repair estimates of vehicle damage
3. Schedule C - Medical Documentation: Copies of medical reports and expenses if personal injury was involved
4. Schedule D - Insurance Documentation: Copies of relevant insurance policies and correspondence
5. Appendix 1 - Payment Details: Detailed breakdown of settlement amount and payment instructions
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