Auto Insurance Claims: Minor auto accident, fender benders, good idea at the time

Question
My wife hit another car that was in her blind spot. It was a minor accident,no one was injured and didn't inform police. The other driver offered to settle outside insurance. So my wife paid $250 in check and no other information was exchanged,  can that driver come back and sue us or file a insurance claim? It happened in Florida

Answer
Naveen,

It depends. Did the check say full and final payment of property damage claim or otherwise advise the specific purpose of why the check was written? If not, they may argue it was just part payment or something to that effect. I practice law in Florida and have seen people make large claims for medical bills even following fender benders. They being said, you very well may never hear from the other person again.

If they cash the check you could argue that draft was full payment of all claims. If they seek more they will likely argue it was only part payment. They can sue or seek additional monies but whether they get any more money is another story and would depend on whether a court believes the $250 was full and final payment of all claims.

In the future you should immediately notify your insurance company, call the police and go through the proper channels to handle the matter. It may have seemed like a good idea at the time but you never know what people will do.

Marc B. Nussbaum, Esquire