Am I legally obligated to pay?
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Am I legally obligated to pay?
I was recently involved in a minor fender bender. I had no insurance. The person I hit agreed to not file a claim and we agreed that I would give him 200 and call it even or I could take him to a local repair shop that I know and I would pay for the damages. No one was injured. He took a picture of my DL and we exchanged phone numbers. Now a week later, he got a quote from Service King and is now wanting me to pay over 1200 in repairs. Am I legally obligated to pay? I was willing to pay per our original agreement but I feel now he is taking advantage of me.
Asked on June 6, 2018 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you and he entered into an agreement, that agreement is enforceable against both of you: that is, as long as you have been honoring your obligations under the contract (e.g. have made any payments by when you should have), he is held to the contract, too, and cannot get more money than he agreed to accept. So if you had an agreement and you have not breached it, he cannot now simply decide that you have to pay him more than the agreement was for.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you and he entered into an agreement, that agreement is enforceable against both of you: that is, as long as you have been honoring your obligations under the contract (e.g. have made any payments by when you should have), he is held to the contract, too, and cannot get more money than he agreed to accept. So if you had an agreement and you have not breached it, he cannot now simply decide that you have to pay him more than the agreement was for.
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