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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son was involved in a wreck with another vehicle before

Customer Question

My son was involved in a wreck with another vehicle before we had the chance to purchase insurance. We agreed at the scene to pay for the damages to her vehicle and no police report was filed. We have paid her almost 1/2 of the estimate she got so far. She has recently traded in the vehicle without having it fixed, but still wants us to pay her the remaining $. Are we still liable for paying her for a vehicle she didn't have fixed and no lore owns?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your question. Please permit me to assist you with your concerns.


This is a fairly tough situation to be in. If the vehicle was never repaired, then the injury may be the hit that she took on the value that she obtained on the trade-in, so she can still demand some sort of coverage or benefits. I am assuming that there is no signed waiver on her end stating that she is not holding you responsible, which means that you still remain liable for the damage. The reason is not based on the repairs and whether they were done or not, what you have is essentially a settlement to the tune of $2,000 under which she agrees to not pursue you if you pay those funds. Since you already paid a portion, that creates an inference that a contract was created since you substantially performed a large portion of it. If you fail to pay, she could possibly take you to small claims and state that as you agreed to terms and then reneged, that is a breach of contract between her and yourself. You can risk it, of course, but that is likely what can occur.


Hope that helps.

Expert:  Dimitry K., Esq. replied 3 years ago.




In your other thread you posted:


She is now stating that she had to go the the emergency room a few days later with pain in her back and that if she sues us, she will ask for us to pay her medical bills and her court costs as well. Will we be liable for those also?


If she can prove or show she went to the doctor, and those injuries are proximately caused by the accident, that is a valid demand on her end. It is therefore a valid threat although I cannot guarantee or know if the judge would side with her or would end up failing to grant her any benefits. The burden would be on her to prove injury, not on you.



Good luck!

Expert:  Dimitry K., Esq. replied 3 years ago.

You asked:
What about her court costs? If found liable will we have to pay those also?

She can request court costs as part of her award. If this is small claims there are no attorney fees, and court costs are generally under $100. If found liable and she is awarded costs, it would be your responsibility, I am afraid.

Thank you and please take care!


Dimitry, Esq.

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