If you get into an accident and settle it without going through insurance and pay the damages can that person later she for medical?

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If you get into an accident and settle it without going through insurance and pay the damages can that person later she for medical?

I got into and accident and we decided not to go through the insurance
company. I paid for the damages and that was the end of that. Then a year
later the guy decided to submit a claim with insurance for medical bills.
The insurance company denied his claim now he is coming after me. Can he
sue me even though he agree to take the money and be done with it?

Asked on May 18, 2019 under Accident Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends on whether you had a written settlement or release agreement which by its terms stated that the money you paid was in full satisfaction of the claim and that he could not sue you for any more. If you had such an agreement, it is an enforceable contract: if he tries to sue, you can get the case dismissed based on the agreement. But if you paid him money without getting written protection from being sued, then yes, he could sue you, since he never agreed, in an enforceable way, to not sue.


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