What legal steps should I take to insure that other party will pay for car damages after they have offered to do so?

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What legal steps should I take to insure that other party will pay for car damages after they have offered to do so?

I filed insurance claim but other party was not insured and my policy does not cover my damages. Other party offered to pay for damages even though they claim to not be at fault. I was planning on filing small claims but feel that accepting offer is better. I don’t want other party to claim offer was never made and end up paying bill out of my own pocket. Police report was also not filed but I was planning on doing so. Damages are little and there were no injuries.

Asked on November 29, 2010 under Accident Law, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 11 years ago | Contributor

How are you certain that they are not insured. I have seen cases where individuals originally think they are not insured, but it ends up that they are.

What is the estimated repair cost? Did you suffer any injuries? How did the accident occur?

 

R.D. Weaver

Attorney At Law

Phone: 866-605-6226

Fax: 713-626-9708

 

www.ahoustonpersonalinjurylawyer.com

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Draw up a simple agreement between the two of you, which states that in exchange for receiving whatever payment you and he or she agreed to, you will not sue and will give up your right to sue over the accident. That agreement will then be a contract between you. It could be sued on in court, including small claims court, to enforce it if the other party doesn't pay, though better would be to get the money--preferrably all; but if not, at least  some reasonable portion or down payment--at the same time you and the other party execute the agreement. You can draw up something in plain english--just make sure to say clearly what the substance of the agreement is. If you do some websearches, you should be able to find some sample or model settlement agreements to base yours on. Good luck.


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