is this verbal contract binding?
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is this verbal contract binding?
Over a year and a half ago, a friend and I got into a minor fender bender outside a friend’s house. I offered to give her my insurance and call my parents to see what we could arrange to pay for it. She told me not to worry about it. No insurance, no police report, nothing. She went home, showed her parents the car and they agreed to fix the dent. She then told me not to worry about it and that her parents were taking care of it. Now, almost 2 years later, she calls me saying that I owe her 2 grand for the damages I caused to her car. She claims she wants to have it detailed and she can’t because I damaged the headlight, and the repairs will cost $2,000. New Link Destination
my knowledge the damage I caused on her car was strictly on the hood. Though there’s no way of knowing for sure because there’s no pictures or even a police report. there’s no photos of what happened and no record that it even happened. Can she file this late? And is the verbal contract binding?
Asked on June 1, 2017 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There was no oral (that's the better term) than verbal contract: you did not give her anything (any "consideration") for her promise to not seek money from you, and when there is no consideration, there is no contract, just a "gratuitious" (freely given) promise--and gratuitous promises are not legally binding or enforceable.
In your state, the statute of limitations, or time to file a lawsuit, for property (e.g. car) damage is 2 years, so based on what you write, she is still in time to sue you.
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