How do I get the at fault party to pay for my vehicle damages?

UPDATED: Sep 30, 2022

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How do I get the at fault party to pay for my vehicle damages?

I was rear-ended by a man in a company vehicle, the owner of the company wants to write a check after I get an estimate. His insurance agent said I can’t go to a dealership because their service is too expensive, but I trust Honda’s service and repair shop. I always go to them. My concern is that the actual cost of the repairs might be higher than the estimate if they find any other damages beneath the surface. Am I able to make the other party pay for any extra charges that may incur? How do I

guarantee that they will come through with paying me?

Asked on February 18, 2017 under Accident Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If there is a written, signed settlement agreement, they have to pay whatever the agreement says they must: if they don't, you would have a very simple lawsuit (e.g. one you could bring in small claims court, as your own attorney) for the money for "breach of contract"--violating the settlement agreement you enter into, which is a contract.
2) If the settlement agreement settles the whole case or all claims, or in it you agree to not sue in exchange for the payment, then once you receive the money, you can't sue for any after-discovered damage; you will have contractually given up your right to sue.

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 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.

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