Legal Question in Personal Injury in Texas

My husband was in a car accident and the other party drew up an agreement that they would get estimates and that my husband would make payments, or pay to repair their vehicle. This was not a legal document, there were no other witnesses, it was not notarized, and my husband already gave them $1,000.00 at the scene. This agreement was also signed at the scene when my husband was out of sorts and not thinking straight. There was also the fact that they were a party of 4 men and he was alone on the side of the road. Is he legally bound to this agreement? The other party has contacted my husband about a week after this accident with no estimates, just to touch base, and no other information for him.

Asked on 11/04/12, 6:13 am

1 Answer from Attorneys

Roger Merrill Merrill & Associates
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There might be a reason that would not make the contract enforceable. For example, the man he is paying is not the rightful owner. If the agreement was made due to fear for his physical safety, then your husband could argue the defense of duress. Regardless, it sounds like your husband has conceded that he caused the accident and is, therefore, legally obligated to pay for the damage he caused. A lawsuit could be filed by the man which would likely give him a court order similar to the agreement.

If he has liability insurance, he should consider utilizing it.

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11/04/12, 12:48 pm

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