how do I get payment from someone who caused damage to car? She is willing to pay herself & not go through ins. co. Then car is totaled.
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UPDATED: Dec 4, 2011
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Insurance Question from Lower Makefield, PA
Asked on 12/04/2011
how do I get payment from someone who caused damage to car? She is willing to pay herself & not go through ins. co. Then car is totaled. Our daughter was waiting to exit a parking lot. Car was hit by another car backing out of parking spot. Not ours or her ins. co.'s were contacted. I took pictures and got an estimate for the damages. We told the parents of the 16 year old that hit her, the cost. They decided to pay out of pocket for the damage, so their rates did not go up. One week later our daughter hydroplaned, and rear ended another car. The car is totaled. They 16 year old's parents want to pay the autobody repair shop directly. The ins. co is legally forced to pay, how do we get the $?
Answer given on December 05, 2011
It is not up to them whether you have the car fixed or not, they owe for the damage that was done (I understand that now the car has been totalled in another accident). Advise them that the owner of the car is owed the payment for the damage and not the repair company. Whether you dedcide to move forward with the repairs is really not a factor. If they still don’t want to make the check out to you, you can file in small claims court in your county for sometimes as little as $50 as long as the damage amount is under their threshold. Present your pictures in court and the explanation of the accident. If found at fault, the negligent party would be ask to pay your for the damages–not the repair company.
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