i recently got into a car eccident with someone as i acknowledged totally eccident was my fault 100% i agreed to pay all damages, this person got two estimates one was slighty lower than the first esitmate, so we both agreed, on lower one, i payed her the full amount of lower esitmate, plus had her sign agreement stating she was fully satisfied, and that she was payed in full, also i wrote on the check final payment payed in full got that idea from watching court tv.. so after 3 weeks she calls me sayin that after she got the work done the job turned out to be about 300.00 dollars more, so i need to know after paying her off the estimate in full and she signing a contract sayin i had payed her, she cashed my check, now seems she wants 300.00 more am i liable? are can i just hang my phone up on her? whats ur opinion...? ( i also had my contract with her notarized, wit two witnesses present as they signed..
2007-02-27 05:20:47 · 8 answers · asked by blk_female_x 2 in Cars & Transportation ➔ Maintenance & Repairs
She is, as they say 'sh** out of luck'.
If she agreed to a certain amount for you to pay in cash, then she should have made sure that it was going to be sufficient - taking the lower of the two estimates was a stupid mistake on her part, not yours.
You did everything correctly - especially having witnesses and a notary. She has no legal recourse if she signed everything, and is just trying to get more money from you.
Tell her to f**k off.
2007-02-27 05:30:42 · answer #1 · answered by joemammysbigguns 4 · 0⤊ 0⤋
An estimate is not a quote. Often, after they start taking parts off the car, they'll find additional damage underneath where they couldn't see before (behind the bumpers, etc.) However, if she signed off on the payment, then she pays for additional repairs. Its the same with insurance companies. The amount they pay goes up as more damage is found. However, if you take a payout and don't get it fixed at first, you can't go back to them later and say that they owe you more.
Basically, if someone signs off on a debt as fully satisfied and paid in full, then anything else is their legal responsibility. BUT, if the damage was caused by your accident, you still have a social obligation to cover it - unless you intend to deliberately rip her off. I believe that the law doesn't force you to pay, but you still really should - since you caused it. This is one of those times that the law says what you have to do, but not what you should do. Your own conscience and integrity will tell you what to do.
PS: Don't be concerned about going with the lower estimate. Repair shops only estimate based on the damage that is visible at the time, so both would have given a higher total once the work was started.
2007-02-27 13:46:13 · answer #2 · answered by Me 6 · 0⤊ 0⤋
When I do handyman work for people I am sometimes asked for an estimate. I usually add a caveat to cover me in the event I find unanticipated problems. The shop that gave her the estimate probably did that as well but she didn't read the fine print or something. For what ever reason she agreed to the estimated dollars as the final payment. I don't see where she has a leg to stand on legally.
I'm sure different states have different laws about this sort of thing so it might go either way. See if you can find a legal hot line in your community. You may be able to get a legal reading free of charge. If you have a friend who knows an attorney that might work. I assume you didn't want to involve your insurance company but your agent might be able to answer your question without making the insurance company aware of the accident.
That's about all I can come up with on the subject. I wish you luck.
2007-02-27 13:40:58 · answer #3 · answered by gimpalomg 7 · 0⤊ 0⤋
So far as I am concerned, she got a bad estimate. Insurance companies don't fall for this stuff from repair shops - they have to abide by the estimate. You both agreed, she was happy with the agreement, and you have the proof. I would tell her to take it up with the repair shop - you should have been notified before the repairs were done if the price changed, so that both of you would have had a chance to go with the other shop or adjust your payment. After the initial agreement, you had no control, and I wouldn't allow her to hold your feet to the fire for additional money. As a compromise, you might offer to pay the difference between the lower and the higher original estimates, but you should not be bound to it if you don't want to.
2007-02-27 17:04:43 · answer #4 · answered by Doug R 5 · 1⤊ 0⤋
In collision work it is not advisable to take the lowest estimate to get the car fixed right as you have found out. Always take the higher one because it is more reliable. The low estimate is sometimes a lure to get your business and then they spring the real price on you and say that you can't have your car back until you pay. I 'd say you should come up with the rest of the money because you have already accepted the blame for the accident.Maybe reporting it to the insurance company would have been a better idea.
2007-02-27 13:35:47 · answer #5 · answered by thomas m 5 · 0⤊ 0⤋
Estimates are prepared in good faith as accurate to within 10%, but there are always unseen things that can add to the total. However in this case the person who accepted your check, cashed it, and signed off on the amount screwed themselves. In good faith you should be liable for the extra money, but legally you are not.
2007-02-27 13:33:45 · answer #6 · answered by yes_its_me 7 · 0⤊ 0⤋
If she said that she was satisfied then that is what is means, you are not responsible she should have done a better research. You did a good job stating your side of the case.
2007-02-27 13:31:49 · answer #7 · answered by simlpeme 1 · 1⤊ 0⤋
if she signed off and its notorized that you paid her if full then you should be done with it
2007-02-27 13:28:37 · answer #8 · answered by gregs111 6 · 1⤊ 0⤋