Legal Question in Traffic Law in Iowa

Accident less than $1000.00 damage

This winter during a very bad snow storm Party A was stoped at a stop sign party B slid into party A very softly. Both drivers know it was party B's fault. The question is the partys exchanged information Party B Offered party A that they would have vehicle fixed at a local body shop where party B had good repore with. Party A agreed. The next day party A's spouse contacted paryt B and told party B that they had received and estamate from the dealer (most expensive place in town). Party B told the Spouse that there was an agreement based on the situation that 1. would not be turned into insurance because of the minor nature of the damage. 2. Party A agreed to have the repair done at the loaction provided by Party B.

Is this not a verbal contract or agreement

If Party B refuses to pay to have vehicle fixed at the Dealer but would have it fixed at the Agreed location what action could be taken by party A?

None of this was reported to the police and no report was filed what would happen if party B chooses not to pay at all?


Asked on 3/29/04, 5:06 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Accident less than $1000.00 damage

It's not really a traffic law issue at all, but whether one can prove up a verbal agreement. It is a difficult task.

If one decides to sue another it is done in small claims court. The person doing the suing will have the burden of proving that there was a verbal agreement and that the defendant failed to comply with the provisions of it. If the defendant loses he pays up.

As a matter of simple equity there is a principle in law that you take your victim as you find him. If I cause an accident, I fail to see how I could insist that the person I damaged take less than that which would make him whole. If a person agrees to repair damage that he caused and then reneges on his agreement, what does that say about him?

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Answered on 3/29/04, 9:29 pm


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