my car is damaged. the other party will not pay me directly they want to pay the body shop directly. i want them to pay me directly. i guess i will have to go to small claims. do i have to accept them paying the body shop like this. thanks.
2006-11-11 05:43:21 · 10 answers · asked by Sherry B 2 in Cars & Transportation ➔ Insurance & Registration
How it should be: They are at fault, you get two estimates, they pay you the low one.
They owe you the money, if you take the car for repairs and they don't show up to pay, guess what?
The shop will hold the car unitil YOU pay for it.
Dodge man is wrong.
2006-11-12 05:11:05 · answer #1 · answered by Anonymous · 1⤊ 0⤋
it's very simple.. your loss in damages, you get compensated. They have the right to ask for an estimate from a body shop for the amount of the damages, but you don't have to fix squat unless you are leasing the car. You can keep the cash and drive with a big dent, you can pay some guy at the end of the street to take a rope, a hammer, and a tree, but the general rule has always been to get two or three estimates, provide copies of all of them to the party at fault, and demand your money. In fact, if they're trying to avoid an insurance company paying you directly through their liability coverage, then there may be more to the story that they aren't telling you. The individual at fault has no legal standing as to how you are compensated for your damages.Stick to your guns and if need be sue them.
2006-11-11 16:51:40 · answer #2 · answered by Anonymous · 1⤊ 0⤋
the reason there not wanting to pay you directly is because they think if they do you wont fix the car,and may try to sue them down the line for damages saying they were never repaired.I would recommend signing a release stating that if they given you money for damages no more can ever come of it,and have it notorized.Otherwise just let em pay the body shop whats the diff as long as the car gets fixed.
2006-11-11 17:09:45 · answer #3 · answered by D.L. 4 · 0⤊ 2⤋
if they are paying for all repairs and its being done correctly then they are probably getting a price break by paying the body shop themself,may be friend or something.if they let you pick the repair shop then that may not be the case,make sure that if they are paying they pay up front or youmay go to get your car and find a big bill and a lein against it,good luck
2006-11-11 13:50:22 · answer #4 · answered by doug b 6 · 0⤊ 1⤋
Do not agree to his/her terms. You need to be in control of this situation, not him. You are the only party that is entitled to payment in this situation. You have NO obligation to have your car repaired and the other party and/or insurance company has no obligation to your lein holder. You don't have to go to court. Make a claim with your insurance company and they will recover from the other party, including your deductible. Dodge Man is WAY off here.
2006-11-11 19:17:27 · answer #5 · answered by Anonymous · 1⤊ 0⤋
What difference does it matter who pays the bodyshop, unless you were going to pocket the money and not have it fixed.
Go about the normal way of getting the two or three estimates, and don't let them pick the place. Did you get a police report on the accident, if you did, and they were at fault, they really can't go against it.
2006-11-11 14:42:04 · answer #6 · answered by Anonymous · 0⤊ 1⤋
i own a repair shop,and legally they only have to pay the body shop,for the damage,they don't have to give you the money directly,this way there making sure the damage gets repaired ,and isn't that what you wanted to start with,but anyway its there right as to who gets payed on this one,,good luck,i hope this help,s.
2006-11-11 13:53:40 · answer #7 · answered by dodge man 7 · 0⤊ 2⤋
You are entitled to be compensated for your loss. If your car has a loan against it, you will not be allowed to have the cash for your damages without getting the permission of the lender. For that reason, the checks are usually made out in two names, yours and the bodyshops.
If you don't have a loan, you should be able to get the check made out to you. If you don't have a loan, you are not required to get the car repaired in order to get your damages covered.
2006-11-11 13:49:33 · answer #8 · answered by united9198 7 · 0⤊ 1⤋
No, in fact you don't even have to get your car fixed if you don't want to. You are due the damages you sustained whether you get your vehicle fixed or not.
2006-11-11 19:40:05 · answer #9 · answered by Chris 5 · 0⤊ 0⤋
The laws vary by location. In Illinois, you can get the settlement paid to you. I would consult a lawyer to be sure.
2006-11-11 13:52:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋