Is a contract still valid if the check bounces?

Question

I got into a car accident and the other driver didnt want to go through her insurance and wouldnt give me her insurance info. She said she had a lot of tickets on her record and would rather pay out of pocket. She wrote me a check and had me sign a paper saying that we settled the incident without going through our insurance for a specified amount. But her check bounced. Is that paper I signed still valid or can i just go through my insurance and sue her for my deductible?

Answer 1

She likely didn't give you her insurance information because she doesn't have any. You can report an accident after-the-fact. I would call your traffic violations department for your police division and talk to a detective about how to go about filing a report now. Then I'd contact my own insurance company and file a claim. Likely, you'll have to take her to small claims court to recover your deductible.

Answer 2

YOU made a very big mistake.

To answer the question. If she does not pay you, you do not have to live up to the agreement. However, it is now so late after the event your lack of timeliness has worked against you.

Since you did not get the insurance information, it is clear you did not call the police and did not file a police report.

Now, if you are lucky, this will be nothing but an expensive learning experience for you. If this woman is a scam artist, here is what you may be looking at.

First, you have NO proof she gave you the check because of an accident. No police report, no insurance claim, no information from her that one is suppose to get at an accident. (She probably has that little paper you signed, I doubt you made two copies and kept one.) She can report the check stolen and if you persue getting it cashed, she can claim you are the one who stole it.

Second, you have NO proof the accident was her fault and gave your side of the story to no one. She could have gone to the police and reported the accident and claim you were the one who caused the accident. She could have claimed that you "blackmailed" her into giving her the money. She could claim she was momentarily stunned in the accident and you took the check and left that little "agreement" as a smokescreen and left. Since you did not file a police report or make a claim to an insurance company, how can you be sure she did not?

Third, while you can agree not to file a claim with the insurance company, you have no legal right to not report the accident to the police if it was required based upon the dollar amount of the accident. YOU broke the law.

You gave up a large part of your rights by not calling the police and reporting the accident.

What can you do now?

You can try to get the money. You should physically take the check to her bank on JANUARY 3, 2007 and at the teller's window, try to cash it. If it was refused the first time due to insufficient funds, then trying to cash it at the window right after payday might work. If they cash it, then count your blessings, take the money and leave. (And do not do this again!)

If they do not cash it, you can ask if it is due to insufficient funds or due to a stop payment order on the check. If it is insufficient funds, you can try another day, the same way. However, if they refuse to cash it due to a stop payment order, then you know you are being scammed. If she stopped payment, she probably also reported the check as stolen.

If you can not get it cashed at the bank for either reason, I would call her on the phone and tell her the check bounced. (Do not tell her you were at the bank. Just tell her the check bounced. Keep playing nieve.) Tell her rather than risking running up more fees for her if it bounces again, you want her to get cash and when she pays you, you will give her the check. If she is not trying to scam you, she will agree to your arrangement. Once she pays you, count your blessings and.....

If she refuses to make good on her check, then I would inform her that since she has not paid you the money agreed upon, you have no obligation not report this to the insurance companies and the police. Her reaction to that will tell it all. if she is scamming you, she will probably say "go ahead, it is your word against mine." And she will be entirely correct.

If you do go to the police and report this to your insurance company, what have you got? You will only be going thru the motions. You may get in trouble with the police for not reporting the accident at the time it happened. You will be missing most of the information that the police would have collected at the time of the accident. Your insurance company will have a valid reason not to pay the claim, and if they do pay the claim, they will jack up your rates. And if she reported the check stolen, or even worse, if she filed a police report, you will have that problem to deal with also. If you are young, you might get away with a hand slap because you were stupid, I doubt you will get any money.

If it was me, if I could not get the woman to pay up, I would report the accident to the police just so it is on record in case this comes back later to haunt me. I would be up front and tell the police everything, in as much detail as possible. (Write it out at home on the computer, stick it on a disk, print out a copy. That will save time at the police station.) The police are busy and probably will not do anything about it, but at least you have it all on record.

NEXT TIME... Carry a small disposable camera in your car, a small note pad with carbon paper, pen/pencil. A small tape recorder would also be a good idea. NEXT TIME. Check to see if no one is hurt, turn on the tape recorder, hide it on your person and then take pictures of the OTHER person and their car. Make sure you get their license plate. (You can always take pictures of your car later.) If any witnesses stop to help, try to get a picture of them and their car, in case you have to find them later. NEXT TIME..after you get a picture of the other driver and his car....call the cops. Make sure the other driver SEES you calling the cops.. Insist they stay there until the cops arrive. If they try to claim they are having a baby or a heart attack or are driving someone to the hospital, tell them you will tell the cops to send an ambulance also. Talk to them. If they make any comment about the accident being their fault, hopefully you will catch it on the tape. If they LEAVE before the cops arrive, get a picture of the back of their car as they drive away, call the cops again and report the accident as a hit and run. Give them the make, model, color and LICENSE plate of the car and which way it went.

But NEVER, EVER get involved in a car accident and NOT call the cops. Even if the cops do not come, you got the incident on the 911 tape as to time and date and what you said.

Answer 3

More than likely if the other driver didn't wan't to go through her insurance company she probably didn't have current insurance. If you have the paper with the written agreement with both of your signitures or at least hers, then you might be able to take her to court for the money. I'm guessing you didn't call the police. If you have pictures of the accident or damage you would probably get somewhere. But unless you can prove somehow that you got hit and that it was her fault then you really don't have a lot to work with in which case you might want to call it a loss and learn your lesson that you should always call the cops out to an accident esp. if you wan't to get your vehicle fixed. Good Luck!

Answer 4

Well if it was me i would head down to the police station and file a report and show them the paper .

Think of this say i was her and knew the check was a joke now i know what you will do so i head down to the cop shop and make up some story how YOU hit me and had been drinking and told me you won't call the cops if i just pay you X amount .

I then tell the cop you was so drunk and getting ready to beat me up i was so scared because you had my address and would come looking for me i just wrote you out what ever you wanted .

Sound far fetched ?? Don't bet on it a scammer lives life thinking of ways to get out of tuff spots

Answer 5

Yes.

And if the check bounces three times the person who signed that check has committed fraud. Fraud is a felony and although there is no prison time for debts there is prison time for felonies.

and you can still go through your insurance BUT I would check with a lawyer first to make sure you don't get in trouble for not reporting the accident to the police at the time.

Answer 6

She does still have to pay you yes, the problem is that in most cases if you did not file a police report at the time of accident it is declared both fault so she would not have to pay your deductible. You would pay yours and she would pay hers. So there you kind of screwed your self over. Always file a police report, always!!! As far as the check, It varies from state to state but over a specific amount she can go to jail if she does not make good. You would contact the prosecuting attorney in your area and they would help you. Good luck!!

Answer 7

sue her, the paper said for a specified balance, which implies some sort of monatary gain on your part. The check bounced, there fore she has reniged on the contract.

Answer 8

First, call your insurance company and the police.

If they can't help you go to "small claims" court. Make sure that you have the bank statement or N.S.F. cheque with you. There is no "settlement" if you did not get your funds.

Answer 9

Red flags, sirens, fireworks, and nuclear explosions should have went off when:

"...wouldnt give me her insurance info."

Should have called the law right then.