Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Sep 29, 2011

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Insurance Question from Cairo, OR

Asked on 09/29/2011

Is it leagal? I am an oregon resident and the accident ok involved and idaho resident and the accident occured in idaho. The other driver would like to solve the matter with out insurance companies and has stated that he will only pay for the damage to the vehicle if I take it to a body shop and he will pay the body shop directly. Myunderstanding is that I dont have to fix the car right now but he cant make me take it to the shop. Is this legal? Also the insurance he has refuses to open a claim for me is this legal as well?

Answer given on September 29, 2011

The driver at-fault would owe you for the damages to your vehicle. You can present him with an estimate for repair. If you would like to give him two or three estimates from different body shops and he take the lowest, than that would at least prove the estimates are in line. You are not obligated to get your car repair at this time or at any time. Nor do you have to wait for him to report it to his insurance company. You can do that yourself by calling the insurance company and advising them you were involved in an accident with one of their policyholders. If he refuses to give you the name of insurance company, check the police report from the accident. They would have asked him for this information at the scene. If the police was not called, perhaps you should file a report with the police now advising that you are in need of a police report in order to give to the insurance company when you file your insurance claim.


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