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.

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Dec 4, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.    

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption