In California, a Motor Vehicle Accident Release Agreement, or any settlement agreement related to a motor vehicle accident, needs to be signed by both parties but does not necessarily need to be notarized to be legally binding.
A settlement agreement is always in writing, and both parties must agree to the provisions in the settlement agreement. Also, both parties must sign the settlement agreement for it to be legally binding. A settlement agreement will resolve a civil lawsuit.
A party may obtain discovery of the existence and contents of any relevant portions of a settlement agreement. Information concerning a settlement agreement is not by reason of disclosure admissible in evidence at trial.
SIGNING AND FILING THE AGREEMENT Once you and your spouse agree on the terms of the Agreement, it must be properly signed (executed). Note: Signatures must be certified by a Notary Public, but the parties do not have to sign the document at the same time, or in the presence of the same Notary.
Mediators or settlement judges can assist in drafting the release or resolving disputes about it. Most mediators limit their involvement to a “preliminary release” subject to the drafting of a final agreement by the parties.
What Should Be Included in a Settlement Agreement? Identifying information for all involved parties. A description of the issue you're seeking to settle. An offer of resolutions that both parties agree to. Proof of valid consideration from both parties without coercion or duress. Legal purpose.
No, signing a contract in front of a notary is not required. A notary's involvement does not make a contract somehow more binding or more enforceable than it otherwise would be. (To learn what makes a contract legally valid, see the "What makes a contract legally enforceable?" section in Understanding Contracts.)
It is generally a good idea to have a skilled attorney draft the settlement agreement, which will resolve your civil lawsuit.