QUESTION

Got hit by a company truck, they settled with estimate money, I didn't cash the check.Is the contract binding still?

Asked on Apr 15th, 2014 on Contracts - Texas
More details to this question:
I had evidence their driver hit me in a company truck, i had to get 2 estimates before they would settle. I had to sign a release to get the money not knowing that repairs to my car would be more. I didn't cash their check. Would this settlement still be legal?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
I see no reason why the settlement agreement wouldn't be binding.  You don't claim that the company lied to you, or coerced you.  You don't claim that you had suffered an emotional breakdown, or were a minor, or any other reason why you lacked the capacity to contract.  Your only claim is that you made a bad deal because you settled before you knew the full extent of the damages you had suffered.  Unfortunately, that is not a basis to void a contract.
Answered on Apr 15th, 2014 at 4:41 PM

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