Legal Question in Civil Litigation in Maryland
Payment for Damage
Over a year ago, my son had an accident with some one's car, he has no license and the individual knew this, he was told that the damage was $350.00 which he paid and got a receipt stating pay in full. The owner sells the car to his father and now they found underneath damage of $1700 and wants him to pay for this, his father claims the receipt was only for body damage and not the underneath of car. My question is can they hold him liable for this additional amount. Even though my son asked if they had the underneath checked before paying the $350? Also, the family was driving this car for this entire period - coil springs, bent frame, and other major damage, in fact you could see the front right tire sitting on a small angle. How does he know that by driving the car they could have done more damage? They are threaten him either pay or we'll take you to small claims court.
2 Answers from Attorneys
Re: Payment for Damage
I suspect you should win in Small Claims ( District Court) as you have a full release and an accord and satisfication.
Call me if I can be of further assistance.
Re: Payment for Damage
While not a sure thing, the payment and "paid in full" release would probably constitute an accord and satisfaction, which would bar any further claims.
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