Legal Question in Insurance Law in California
Is this hand-written contract legally binding?
If claim is filed to insurance, what legal action can I take?
On the freeway in the afternoon during heavy traffic the car in front of me made a dead stop after moving forward. Therefore, after I move forward [distance about half a car] (stepping on the gas no more than 10 mph) resulted in a MINOR collation. As result, I pull over and exited the FWY to exchange information. I presented my ID and insurance info. He didn�t (I ask for his info only got name and address)
>Honda Civic 08 Rear Damage minor but noticeable (Horizontal crack about one foot long on the middle part of the bummer)
>My car SUV 98 Mercedes-Benzes (No damage)
He proceeded to ask me if I wanted to settle with him or make a claim.
I suggested to him that I will purchase his bumper right on spot and have it shipped to him. Only after signing an agreement. He claim that he want a color match of the bumper. In which I followed through an order a Painted bumper. We both concluded his agreement in a hand-written agreement.
Hand-written agreement States: That we both agree that I will take responsibly of his bumper replacement (Detailed). Therefore, no legal action will take place against myself or any party affiliated with me. We both agreed and signed.
My question above is because he called me later that day stating that his AC stopped working after the incident. Without the auto engineering understanding aside (logic) and he claimed that �ac motor� after this he just started to make more claims of possible damage. At this point recorded 2 phone call, just because there was too many �BUT� �but this� �and that�. I end each call by reminding him about our agreement.
Is the hand-written contract legally binding?
If claim is filed to insurance, what legal action can I take?
THANK YOU,
1 Answer from Attorneys
Whether a contract is legally binding does not depend on whether it was written by hand. But it does depend on a variety of other factors. From the description you gave us, I can't tell whether what you wrote is a valid contract or not. It would be neither more nor less valid if it had been typed. You should show it to a lawyer if you want a better sense of where you stand.
Good luck.
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