What to do if my husband’s truck was damaged in an automated carwash with attendants present?

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What to do if my husband’s truck was damaged in an automated carwash with attendants present?

The incident was immediately reported to the manager and has an uncontested accident report signed by the manager. He went to their preferred body shop for an estimate: a little over $2,000. The owner says that the incident and damage is uncontested, however she will only pay the body shop, not my husband. Can she only pay a body shop for uncontested damage by her carwash?

Asked on March 2, 2015 under Accident Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

She is offering to pay voluntarily--without you having to file a lawsuit, sue, and win. A voluntary offer can have conditions or "strings," like only paying the bodyshop. If you find her offer unacceptable, you can try suing, though since the most you can get is the cost to repair the car plus certain other direct, out-of-pocket costs or losses (like if you had to rent a car for awhile, while your car is repaired), it's not clear that a lawsuit would be worthwhile as opposed to accepting her offer and avoid the time and cost of a suit.


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