What are my rights if someone hit me causing cosmetic damage to my vehicle?

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What are my rights if someone hit me causing cosmetic damage to my vehicle?

The other driver had no insurance. He begged me not to report him, so I cut him a break (although I have proof that this all took place and proof of his admitted guilt.). He is refusing to pay me the money for the damage. Instead, he is only agreeing to pay the body shop directly. I don’t want to repair the damages. I would rather take a loss in value on my vehicle. Does he have the right to refuse to pay me the money directly?

Asked on February 5, 2013 under Accident Law, Washington

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

At this point-- it is whatever you both agree to do.  He can refuse to pay you directly, but if he refuses to pay you, you can sue him for the payment and eventually he will have to pay you directly for the cost of the damage and the costs of suit.  You may want to point this out to him before he decides to increase the amount that he will owe.


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