Uninsured driver hit me and offered cash payments — what's actually enforceable?

Oh man, I went through almost the exact same thing two years ago. The other driver was super nice at the scene and we agreed on a payment plan with just a handshake. He paid twice and then disappeared — changed his number and everything. I had nothing solid in writing and it was a nightmare trying to recover anything. Please, PLEASE get something in writing before you accept a single dollar from this person.

A written payment agreement absolutely can be enforceable — notarization isn't always required, but it does add legitimacy because it makes it much harder for someone to claim they didn't sign it. At minimum you want both signatures, the total amount owed, the payment schedule, and what happens if he defaults. Text messages can be used as evidence but they're easier to dispute than a signed document. If you're going the informal route, put everything in writing and keep copies of every single payment you receive.

From my time working claims, I'll tell you that uninsured motorist property damage claims are actually pretty routine to process. People avoid using their own insurance because they're scared of rate increases, but a not-at-fault UM claim often doesn't affect your premium the way an at-fault claim does. Worth a call to your carrier just to ask — don't commit to the other driver's plan until you know all your options.

One thing to think about: if you accept a private settlement and something turns out to be worse than you thought — like hidden frame damage — you may have a much harder time going back for more. Informal agreements usually don't account for stuff discovered later. Just something to factor in before you close the door on a formal claim.

Not legal advice, but generally speaking: a written agreement with clear terms can be enforced in small claims court if the amounts are within your state's limits. Text messages are commonly admitted as evidence — courts deal with this regularly. The bigger question is whether this person is actually collectible even if you win a judgment. If he has no insurance, he may have no assets either, which makes winning on paper feel hollow. Worth a free consultation with a PI attorney just to map out your realistic options.

Are you doing okay physically? Sometimes adrenaline masks stuff right after an accident and symptoms show up days later — neck stiffness, headaches, that kind of thing. If you're focusing only on the car damage right now, just make sure you're not overlooking how your body is feeling. It's worth at least getting checked out before you finalize any kind of settlement, informal or otherwise.