Is it OK for me to ask the individual to change the payment to me?

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Is it OK for me to ask the individual to change the payment to me?

A co-worker and I were leaving work and he backed into me and said that he’d pay for it. So I got a body shop estimate and it’s for $960. However, I have someone telling me they would could do it on the side and do it much cheaper. The co-worker gave me the check for the full amount in the body shop’s name. Would it be wrong to ask to change it to my name?

Asked on November 21, 2018 under Accident Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can *ask* but the worker does not need to comply: he provided a payment for the estimate you provided him, which means he did what he agreed to do. Having done what he agreed, you have no power to make him do anything differently. Moreover, if you showed him an estimate for $960, got check (or cash) for that amount, and then he found out you had the work done for, say, only $600, he could sue you for fraud for the $360 (in this example) back: you lied to him (committed fraud) about the repair cost to get more money from him than you were entitled to. So leave this alone, get the car repaired on the up-and-up (not "on the side") and be thankful that the co-worker is voluntarily paying without you having to sue him for the money.


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