QUESTION
I have proof that my friend accepted money from me as settlement for the car accident. Can they still sue me?
Asked on Mar 13th, 2013 on Automobile Accidents - Massachusetts
More details to this question:
I've been in a car accident with a friend of mine. We decided to handle the matter privately. I've given them money to get the car fixed, and yet they are asking for more and threatening to take me to court. They asked for my insurance information, which I did not give them. There was no police report made, nothing at all. If I have proof that they accepted money from me, can they still sue me?
7 ANSWERS
If you can prove that the settlement covered all of your friend's damages, you will probably have a good defense. But, I recommend that you contact your insurance company to defend you.
Answered on Apr 01st, 2013 at 3:12 AM
Christian Joseph Menard
If you have settled the case, then the case is settled. If you are later sued, you raise as a defense your earlier settlement as an "accord and satisfaction" of the disputed claim.
Answered on Mar 18th, 2013 at 8:33 PM
Ronald A. Steinberg
Yes, they can still sue. The money you gave would be deducted from whatever is determined that you owe. Why didn't you report it to your auto insurance and let it deal with the case? That is what you pay for.
Answered on Mar 14th, 2013 at 8:10 PM
James Eugene Hasser
Yes. To get out of liability, you would have to have had them sign a general release.
Answered on Mar 14th, 2013 at 2:48 PM
Personal Injury Attorney serving Charlotte, NC
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Looks like both sides are playing games. Why don't you just play it straight. Tell the insurance company what happened. Tell them what you paid. They will pay whatever they need to to make it right.
Answered on Mar 14th, 2013 at 2:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Yes, they can still sue you, but then you must present proof that you paid him the sum you paid him as full payment for his claim against you.
Answered on Mar 14th, 2013 at 2:48 PM
Arguably, unless you had the other person sign a document that said the payment you made was for full and final payment (essentially the person releasing you from all further claims in the future), he or she may try to go after more. Unless you have proof that it was considered full payment, the other person could argue that he or she expected more and it was not a release of claim. This is an example of why it is often risky to not go through the usual channels (going through insurance).
Answered on Mar 14th, 2013 at 2:47 PM