Can someone open an accident case afterI paid them money for damages?

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Can someone open an accident case afterI paid them money for damages?

I had a small car accident 3 months ago; it was my fault. We called my insurance company. However, the next day I gave a man money (cash) and he wrote me a letter that he got money and he that he wouldn’t open a case. Still a few days ago he called me and said that he wants to open a case. Can he take advantage of me?

Asked on August 24, 2010 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The letter you were given by the other party acknowledging payment and that he wouldn't open a case will provide you with evidence that the case was settled and will not be reopened. 

When a case is settled, the parties sign a release of liability which prevents a future lawsuit from being filed on the same claim.

The only potential problem here is if the payment he received from you was for property damage to the other driver's vehicle and his new claim is for personal injury, those would be handled separately.  If he does have a personal injury claim, he can file it with your insurance company


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