Discussing UK law. Links: swarb.co.uk
| Members Image galleries
This question regards something which actually happened (its not one of my purely academic questions)
A friend of mine had a car crash and ended up privately agreeing to be paid an amount of money.
It turns out that what he was paid is only worth half the actual damage.
My agreeing to this has he barred himself from making any sort of insurance claim/court claim against the other driver?
My initial thoughts are that the answer is yes but i am not sure.
and if possible could someone state some legal authority on this so i can give a evidence based answer
- Posts: 119
- Joined: Mon Oct 28, 2013 8:55 pm
Full facts needed, to understand what was agreed.
- Posts: 18312
- Joined: Sun Nov 11, 2012 2:27 pm
- Location: E&W
I believe the fatal wording in an agreement is "In full and final settlement."
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
- Posts: 3079
- Joined: Sat Aug 10, 2013 9:40 pm
If the agreement was to settle the claim then it is binding. He got paid quickly and without fuss. He got consideration.
It all depends on the words they used.
- Site Admin
- Posts: 11641
- Joined: Thu Nov 01, 2012 1:35 pm
- Location: Brighouse, West Yorkshire
Return to Torts - Negligence, Defamation and others
Who is online
Users browsing this forum: No registered users and 1 guest