Legal Question in Personal Injury in Missouri

Are signed faxes legally binding?

Are signed faxes legally binding? We signed a fax from the insurance company of a drunk driver who wrecked his car into my husband's. This wreck caused injuries. The paper stated that by signing a paper and accepting a check for $1500, the drunk driver was in no way responsible for anything else. We have not received the check yet. We later decided that we weren't satisfied with this settlement and are wondering if there is anything we can do.


Asked on 8/04/03, 3:31 pm

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Are signed faxes legally binding?

It depends. I assume you have sent the form back to them, or mailed it to them? If so, and if it is in their possession, they can claim that you have settled your claim. However, as with any set of facts, additional evidence or a full interview with a lawyer might well change this advice depending on other facts and circumstances.

Generally after you reach an agreement to settle a claim, you can't later go back and negotiate for more money.

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Answered on 8/04/03, 3:36 pm
Spencer Farris The S.E. Farris Law Firm

Re: Are signed faxes legally binding?

As a general rule, faxes, like any writing, can form a binding contract. Without seeing the fax you reference, it is impossible for me to tell you whether you entered a contract or not. If no payment was made, the contract fails for lack of consideration- the benefit of your bargain. If it was your understanding that the agreement was to go to property damage ONLY, there is some room to argue that there was no consideration for your husband's injury claim, and therefore it is not settled.

Please call me, without cost or obligation, to discuss this matter furter.

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Answered on 8/04/03, 4:32 pm


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