How to accept payment from an at-fault driver with no insurance?

UPDATED: Sep 30, 2022

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How to accept payment from an at-fault driver with no insurance?

I was rear-ended and the driver had no insurance. She is offering to pay me $100 every 2 weeks. I was told that if I take one payment then she stops paying that I have no legal action that I can

take.The damage was $7800.

Asked on December 1, 2016 under Accident Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you put it into writing, signed by her, it is an enforceable contract, and if she violates it, you can sue her for breach of contract and get a judgment in your favor from court ordering her to pay. The agreement can be very simple: it can state that in settlement of your claim against her, she agrees to pay $7,800 by paying $100 every two weeks until the claim is paid in full. If she signs such an agreement, you can enforce it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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