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Person I hit took $ now wants more

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magneticfields

Junior Member
What is the name of your state? Florida

I rear ended someone while driving my fiancee's car, we did not file a police report because the damages seemed very small. I gave her my name, address, number and license #, but took nothing from her. The next day we got a verbal repair estimate of $250 - $350. I wanted to get a written estimate but she said she worked every day, and had a life on the weekends. Thus, I offered her $300 and said if it turned out to be less, she could keep the extra, if up to $350, I would pay the difference. She agreed. I wrote her a check for $320 and told her to have a couple drinks on me (trying to be nice). We shook on the deal, and we were both happy. She cashed the check 2 days later, and then 2 days after that she calls and says she went to a new repair shop (a customizing place) and the estimate is $1000. She wants me to give her $700 more now.
Well, that wasn't what we agreed upon, and I don't think she's being very fair here. Can she now sue me for $700 more?

Please help.
 


magneticfields

Junior Member
ok...but...

allright, but would she win?

We didn't write a contract out, but (to me) accepting my check, and cashing it would show that she was happy with our original agreement. It doesn't seem very fair (to me) to agree to one thing, then turn around and do something else.
 

BelizeBreeze

Senior Member
magneticfields said:
allright, but would she win?
How the hell would we know?

magneticfields said:
We didn't write a contract out, but (to me) accepting my check, and cashing it would show that she was happy with our original agreement. It doesn't seem very fair (to me) to agree to one thing, then turn around and do something else.
What cashing your check means to you means nothing in court. What proof do you have that the check you wrote had anything to do with the accident or it wasn't just your payment to her for pain and suffering or a quickie in the back seat?
 

PissedOff@DTV

Junior Member
Did you happen to write anything on the memo line (ie. fender bender on "date" PAID IN FULL)??
Also, you say there was no police report? If this is so, then there is nothing stating who was at fault. You gave her money because you "thought" you were in the wrong, but I take it that you are not an accident investigator are you? There are other factors that could have contributed to her being in the wrong.
Sure she can try and sue you, but I believe that it will be hard for her to win.

Of course, don't take my word for it. I am not a lawyer. Seek advice from a knowledgable lawyer. Most give free initial consultations. You may get your answer on the first visit.
 

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