CAN A PERSON BREAK AN ORAL CONTRACT in front of three witness and change her mind and hit me with a suborgation claim
Total Comments: 3
Posted: Sat Sep 11, 2010 07:17 pm Post Subject:
Wow... talk about an open ended question.
Most states recognize a verbal contract as binding many situations. With that said, if the person has a legal right of action against you and you waived that right as part of a verbal agreement, then this would offer you a _defense_ in that situation. That is, they can still purse recovery and you'd use the agreement in your defense... which pretty much would be limited to a court room.
Other then that, a verbal agreement (I don't think it's a contract) is probably going to do nothing for you. I could agree to do something and then change my mind... people do it all of the time. A verbal agreement is not a contract. A contract requires a promise for compensation and that compensation to take place.
Posted: Sun Sep 12, 2010 12:23 pm Post Subject:
CAN A PERSON . . . change her mind
It is a woman's prerogative.
But where did you get the idea that someone other than an insurance company has a "subrogation claim"?
Posted: Sun Sep 12, 2010 01:32 pm Post Subject:
Insureds cannot bind their carriers to a liability agreement.
Just because someone states they "won't subrogate you" or that they are at fault does not make it so.
Also, insureds cannot agree "to just handle their own damages" and file claims with their own carriers. The insurance carriers will decide who is at fault and seek compensation.
Posted: Sat Sep 11, 2010 07:17 pm Post Subject:
Wow... talk about an open ended question.
Most states recognize a verbal contract as binding many situations. With that said, if the person has a legal right of action against you and you waived that right as part of a verbal agreement, then this would offer you a _defense_ in that situation. That is, they can still purse recovery and you'd use the agreement in your defense... which pretty much would be limited to a court room.
Other then that, a verbal agreement (I don't think it's a contract) is probably going to do nothing for you. I could agree to do something and then change my mind... people do it all of the time. A verbal agreement is not a contract. A contract requires a promise for compensation and that compensation to take place.
Posted: Sun Sep 12, 2010 12:23 pm Post Subject:
CAN A PERSON . . . change her mind
It is a woman's prerogative.
But where did you get the idea that someone other than an insurance company has a "subrogation claim"?
Posted: Sun Sep 12, 2010 01:32 pm Post Subject:
Insureds cannot bind their carriers to a liability agreement.
Just because someone states they "won't subrogate you" or that they are at fault does not make it so.
Also, insureds cannot agree "to just handle their own damages" and file claims with their own carriers. The insurance carriers will decide who is at fault and seek compensation.
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