Do I have to accept ANY kind of payment for damage that was done to my car?

I visited a business and the owners dogs damaged my car. They accept responsibility and asked for repair estimates. I mailed them 3 estimates and was mailed a check for 1 of the estimates made out to the business, not payable to me. 1. I may not choose that company to do the work. 2. It will be many weeks or a couple months b4 I can be without my car for a couple days. 3. I doubt anyone will accept a 3rd partry check. Do I have the right to demand a check made payable to me? I’m in Jackson county, Missouri

Asked on July 2, 2009 under Accident Law, Missouri

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you have the right to a check made out to you.  But you probably don't have a right to an amount greater than the smallest of the three estimates.  You picked the three companies to give the estimates, and if this ever went to court, a judge would be likely to rule that you couldn't turn around and say the company wasn't good enough, especially after you sent its estimate to the dogs' owner.

There may be other facts that you haven't mentioned, that might affect the result.  For reliable advice, you should discuss all of the facts with an attorney in your area.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think you have the right to a check made out to you.  But you probably don't have a right to an amount greater than the smallest of the three estimates.  You picked the three companies to give the estimates, and if this ever went to court, a judge would be likely to rule that you couldn't turn around and say the company wasn't good enough, especially after you sent its estimate to the dogs' owner.

There may be other facts that you haven't mentioned, that might affect the result.  For reliable advice, you should discuss all of the facts with an attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.