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I backed into a motorcycle parked behind me at my residence, and now have to pay for damages, should i make up a contract?

Jasper, TX |

A few months ago a friend of mine came over to my house and parked their motorcycle bhind my vehicle. I was in a hurry to get get my kids from school and backed into the bike and bike fell over. They are caiming damages to bike is over 4000.I tried to claim onmy insurance but claim was denied du to laspe in coverage. We have agreed to make small payments when we can and have made three so far, but now getting phone calls that thye want more. We have three children and bearly making ends meet as it is.Dont know what to do. should I just tell them to sue us so this can b taken care of legally?

Attorney Answers 2


I am assuming you are legally responsible which may not be the case. But why would you tell them to sue you? Of course not. If you actually had a settlement "agreement" with them, then Texas law proably makes such an agreement binding, but you may need to consult with a local lawyer to confirm that. A further problem is that your agreement was probably verbal; you may want to try to get it reduced to writing. The effort to do that may confirm just how clear it is that you actually had an agreement. In any event, assuming you are continuing to make payments, do so by check. If you do get sued you will want to be able to prove how much you have paid.

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I would not encourage them to sue you, as this could result in significant adverse consequences for you. You are much better off working this out in an informal way, which can include a written agreement to make certain small payments etc. I hope that you have now reinstated your insurance.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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