Need Advice on Fender Bender

[tjk1]

What is the name of your state? New York.


Story: I rear ended a car on Dec 24, 2004. The police came, but the damage didn't seem too bad, and me and the other party agreed to settle it between ourselves. NO police report was filed and no insurance info was exchanged.

Two months later I receive a call saying he obtained two estimates (one for $400, the other $450. I ask to see them by fax. I never received the faxes. Now the guy has he has a new estimate for $900. He suspiciously insists that he must get his car fixed there.

Do I have any legal rights to demand seeing two estimates? Does he even have any legal claim at all given there is no official record of the incident? Funny thing is he is probably not willing to go to insurance because the car was not insured in his name.

Frankly I want to this out of my life and move on and would be fine giving him $900... i want to settle this the right way... but just wanted to check what the law has to say about this and how best to play my cards.

Thanks for your help.

Originally Posted by tjk1

What is the name of your state? New York.


Story: I rear ended a car on Dec 24, 2004. The police came, but the damage didn't seem too bad, and me and the other party agreed to settle it between ourselves. NO police report was filed and no insurance info was exchanged.

Two months later I receive a call saying he obtained two estimates (one for $400, the other $450. I ask to see them by fax. I never received the faxes. Now the guy has he has a new estimate for $900. He suspiciously insists that he must get his car fixed there.

Do I have any legal rights to demand seeing two estimates? Does he even have any legal claim at all given there is no official record of the incident?

Frankly I want to this out of my life and move on and would be fine giving him $900... but just wanted to check what the law has to say about this.

Thanks for your help.

If you want to pay the dough, go ahead. But I would insist on three estimates (personal opinion only).

[tjk1]

Thanks for the reply...

I'd want to see three estimates, but I, like him, do not really want insurance to get involved. He's strong-armed the situation and said he will go to insurance if I don't use this shop he obtained the estimate from. I assume at this point I don't really have a choice but to give him the money, but I was wondering if maybe the law might have something to help me out.

[teflon_jones]

First of all, is he the owner of the vehicle? You should not give him a DIME unless he is the owner. I don't understand why he is the insured but not the owner, but your responsibility for this lies with the owner.

That being said, he has the right to get the car fixed wherever he wants. You have the right to make out the check directly to the shop also. Make sure you indicate in the memo section "full settlement for auto accident on 12/24/2004".

[tjk1]

Originally Posted by teflon_jones

First of all, is he the owner of the vehicle? You should not give him a DIME unless he is the owner. I don't understand why he is the insured but not the owner, but your responsibility for this lies with the owner.

That being said, he has the right to get the car fixed wherever he wants. You have the right to make out the check directly to the shop also. Make sure you indicate in the memo section "full settlement for auto accident on 12/24/2004".

he is neither the owner nor the insured. the owner and insured is his mother.

so would including that blurb on the check be considered a "release" ? if I were to pay the shop directly (say, with a credit card), how could I release myself from all this? i work in a corporate law office, so I could probably take a form of a release, tailor it and have him sign it. would that work as well?

thanks for the help!

[teflon_jones]

Originally Posted by tjk1

he is neither the owner nor the insured. the owner and insured is his mother.

so would including that blurb on the check be considered a "release" ? if I were to pay the shop directly (say, with a credit card), how could I release myself from all this? i work in a corporate law office, so I could probably take a form of a release, tailor it and have him sign it. would that work as well?

thanks for the help!

You need to work with his mother on this then. You have zero responsibility to him to fix the car, only to his mother. You need her to sign any release you draft too.

I would draft something saying that your payment to the shop for $XXX for the damages to the car constitutes full and complete settlement for the accident on Dec 24,2004 for all personal and property damages. I wouldn't pay the shop until both of them sign this (since he's the driver). Or, you can write the check out to her directly and put the note in the memo section, and it would be considered a release once they cash the check. Personally though, I'd always write the check to the shop because otherwise she could take it to a cheaper place and pocket the difference. She doesn't have the right to do that since you're paying to get the car fixed, not line her pockets.

[MandyD]

Originally Posted by teflon_jones

Personally though, I'd always write the check to the shop because otherwise she could take it to a cheaper place and pocket the difference. She doesn't have the right to do that since you're paying to get the car fixed, not line her pockets.

As a matter of fact, she does have the right not only to pocket the difference, but not fix her car at all. He isn't paying to get the car fixed, he's paying to make her whole after the damage that he caused. If she was damaged to the tune of $900, then $900 would make her whole again whether she repaired the vehicle or not. Perhaps this isn't the way it works in all states, but in the OP's state, that's the way it works.

That being said, you do have a right to see the estimates OP and I would insist upon it before giving any amount of money.

[Lynx 36]

If there are two estimates in the $400 range and one f/ $900 then offer to pay $450. If the owner insists they want $900 then let them take you to court or turn it into insurance.