Legal Question in Traffic Law in California

Paying out of pocket for accident,okay?

So i hit a car and told the guy I will pay for it. He said okay and we signed a small contract saying i would pay the amount for the damages. The contract doesn't say a day or time the money must be paid. Just two payments of 250. He has excepted one payment. I don't have the money to pay this month. Is it legal for him to file a claim to the insurance after he took the first payment? Is that a breach of contract and can he take back the contract after taking the first payment?Can i sue if he brakes the contract even if he gives me the 250 and say i'll just file a claim?


Asked on 12/03/08, 5:36 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Paying out of pocket for accident,okay?

Depends on what you put in the contract. It's possible a small claims court could see this as a legal settlement -- or maybe he is claiming an injury and maybe you didn't write the contract to include bodily injury claims. But there's a good chance the court will rule that a deal is a deal, and you only owe another 250.

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Answered on 12/03/08, 6:27 pm


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