Legal Question in Personal Injury in Georgia

Accord & Satisfaction without a check, plus mention of insurance deductible and

I was involved in an automobile accident where I struck someone from behind. I didn't have insurance at the time, and when the police arrived I told him I would pay the people who I hit, so he wouldn't arrest me for no insurance. Later, I paid them $250, which was the cost of their dedeductible. I wrote out a brief receipt which stated, XXX being them, and YYY being me:

We, the undersigned, XXX and YYY were involved in an automobile accident June 2, 2002. This statement is to certify that Mr. XXX has recieved from Mr. YYY cash in the amount of $250, the amount of his insurance deductible. Mr. XXX agrees to release any liability Mr. YYY has to him and his passenger, his wife, as he has uninsured motorist coverage for the accident.

This was followed by Mr. XXX's signature with name printed, my signature, and his wife's signature as ''witness.'' However, they scratched out the last sentence, saying they didn't want problems with their insurance company.

Can I use this in an ''accord and satisfaction'' defense, even though I paid cash, to get this lawsuit dismissed? If it's not dismissed, is their any counterclaim I can make for them suing me in light of the facts here? Where can I find ''accord and satisfaction'' defined for Georgia?


Asked on 2/22/03, 6:29 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Accord & Satisfaction without a check, plus mention of insurance deductible

It's going to be tough because you paid in cash, but if the "scratched out" portion of the document gives even a faint hope that what you say is true, you should win. Consult with a local attorney.

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Answered on 2/22/03, 6:51 pm


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