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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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In a private parking lot - I backed into a vehicle I got out

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In a private parking lot - I backed into a vehicle I got out found the owner/driver of the vehicle i hit and offered to trade insurance info - the owner declined and said "I'll take $300.00" I promptly wrote her a check for $300.00 and asked her if she was satisfied with this, she said yes. Now she is calling and saying for me to come pick up the check, she got an estimate and her boss??? says she needs more money and for me to call her... I have not returned her call
as I would like to know the legalities of this matter.. Please and Thank You
Submitted: 8 years ago.
Category: Legal
Expert:  TexLaw replied 8 years ago.

Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.

I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.

You have a very interesting situation that could turn out a number of ways. First of all, what transpired immediately after the collision was that the driver offered to settle the matter with you. You entered into an agreement with her and she took the $300.00 check. However, you did not have a signed settlement agreement or a release to prove that this was a settlement. Technically, if she sues you for damages to the vehicle, you could counter-sue her for breach of settlement agreement. However, it would be a he said/she said situation, and it is impossible to tell what a jury would decide.

You should return her call and tell her what I've just relayed to you. She said she would be satisfied with $300 and she has no right to ask for more. A deal is a deal. If she threatens to file suit, threaten to counter-sue and say that you can get attorneys fees on your claim since she is breaching her settlement agreement.

Also, you need to inform your insurance company of the incident. You do not want your insurance company to refuse to defend you in case she does sue, and you have not done anything wrong by trying to settle without filing a claim.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation, you should consult with an attorney licensed to practice in your state.

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