Carmen McReynolds (defendant) was driving when she hit a General Motors car in which Lisa Krebs (plaintiff) was as passenger. Krebs was seriously injured and received extensive medical treatment. Krebs sued both McReynolds and General Motors. Krebs offered to settle with McReynolds for $25,000. In response to this offer, McReynolds’s insurer faxed that it agreed to settle for $25,000, and requested that Krebs call to discuss how to resolve the liens against the recovery as part of the settlement. McReynolds moved for summary judgment, arguing that she and Krebs had entered into a settlement agreement. The trial court denied the motion, permitting the case to go to trial. The jury found McReynolds liable for the injuries that Krebs suffered, awarding Krebs damages of $1,246,000. McReynolds appealed, and the court of appeals affirmed. The Supreme Court of Georgia granted certiorari.