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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.
 


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