Fender bender accident settling with no insurance involved

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Fender bender accident settling with no insurance involved

My daughter is a resident of NC who recently bumped a car in front of her. Even though she had already called her insurance agent and the police the other party insisted on settling on $500, since he was sure the repairs would not go above that, and also told her not to involve the police . So, she wrote a check to them stating on the memo it was for complete repairs. She had two witnesses to this transaction. Now, that party that insisted on settling for the $500 called their insurance company and are now calling my daughter. What is her legal responsibilities? Will the verbal agreement hold?

Asked on June 24, 2009 under Accident Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Nope.  This verbal agreement will not hold.  Did the person cash the check and did the check say something to the effect of "in full satisfaction"? If not, she is out of gas.  Why would she call her insurance company and report it to the police if she planned on settling it outside of the insurance company? She just lost that benefit.  So, now she needs to see if her insurance covers hiring counsel for her to represent her.

Try www.attorneypages.com to consult with an attorney in North Carolina.  Check his or her record at the North Carolina State Bar.


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