What are my rights regarding a collision I had in a parking lot with someone who is uninsured?

UPDATED: Sep 29, 2022

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What are my rights regarding a collision I had in a parking lot with someone who is uninsured?

I got a quote from the auto body shop and it was agreed we would both pay half. I typed a document based on this quote, stating I would accept a set set amount as payment in full for damages caused by the accident. This week I receive a voicemail stating after removing the bumper more damage was found and it will cost more money. I am willing to split this with the other person involved but they are not willing to pay anymore than the original amount. Is there any liability of this person to help pay for additional damage caused by the collision? With this additional damage found, would I legally be able to turn this in as a claim to insurance?

Asked on October 30, 2015 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you offered to accept a certain amount as settlement of your claims and the other party accepted that offer and agred to pay that amount, you may not increase what they would have to pay you later; rather they only have to pay the agreed upon amount, and your settlement would constitute a binding contract. This is, unfortunately, the risk you run in agreeing to settle before the repairs are done and all damage and all costs known.

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