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who do i have to pay

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grandpreee

Junior Member
What is the name of your state? PA
I recently backed into a lady in a parking garage at slow speed(3mph). neither of us found any damage, perhaps because it was too dark. she asked for my information incase her husband found any damage. her husband called the next day, and said there were some paint scratches from the flexing of the bumper. I went and saw the damage myself. he had an estimate done at a friends body shop. I asked him to get a second estimate, but the place would not do one unless they knew he was getting the repair done there. he did however say that the estimate wasn't extreme. I talked with the second repair shop myself and the owner offered to match the first estimate. I requested he get it fixed at the second shop because i feel more comfortable working with them. am i at his mercy? or do i have a choice in where he gets it fixed? he wants a check or cash or payment directly to him in some way. can i avoid paying him directly, and just pay the auto body shop? or must i pay him no matter what?
 


nanaII

Member
He's not telling the truth

Any body shop will give you an estimate. You don't have to promise to use them. If you want to simply get this settled, and ff he insists on using his own, you can make the check out to the body shop. If he insists that he wants the check made out to him, there is something fishy (like the body shop has upped the estimate for a kick-back to the owner).
 

grandpreee

Junior Member
other question

PA
That is what i assumed. What I am really unclear on is if I have to pay him or do I have the right to just pay the body shop?
 

nanaII

Member
What to tell him..

I would tell him that since he is insisting on using his own body shop rather than getting additional estimates, that you are making the check out to the body shop (expect some screaming!). You do have that right, especially since he insists nobody will give him estimates unless he agrees to have the work done at their shop (which is not true).
 

grandpreee

Junior Member
more info

it was the policy of the second body shop to not give a detailed estimate unless the work was being done. the shop owner did check the other shops estimate and spot checked the car. he said the other estimate was in-line with what his costs would be. I told the car owner that I would prefer it to be done at the 2nd shop that would not give an estimate because it is an unbiased party. he declared it was his decision which shop to use. when i said the first shop would be fine, but i would pay directly he again yelled. he then said i had to pay him, it was the law. I don't believe he knows the law.
 

nanaII

Member
Let him yell...

There are one of two reasons why this guy started yelling: 1) he was planning on pocketing the money and not get the car fixed, or 2) the body shop he wants to use isn't going to actually charge him what they put on the estimate (he probably knows the owner, and the written estimate he gave you isn't what the body shop is planning on charging him - they wrote it for more than he was actually going to be charged, expecting the check would be made out to the owner of the car) and the body shop probably won't refund the difference to him if you make the check out to the body shop (the body shop can't legally give him the difference in cash).
 
Wow this guy is really shady. It boggles my mind that he thinks that you're really going to write the check out to him. :rolleyes:

Way to go!!! Stand your ground!!! :D

P.S You should also write final payment on the check....just in case. ;)
 

nanaII

Member
Payment

I would tell him that either he accepts the check made out to the body shop or you can let your insurance company handle the claim (he may think twice about this). If he accepts the check made out to the body shop (which he may after thinking about it), I would make out a "Release" for him to sign, stating that this is the final settlement. Sometimes people will try to come back to you saying that once the body shop started repairing the vehicle they discovered more damage than originally thought. This will relieve you from any further claims.
 

teflon_jones

Senior Member
This guy's definitely trying to scam you. How much is the estimate for? I'd stick with telling him you'll either pay the body shop directly or he can go through your insurance company. He'll get a lower estimate that way, I guarantee. you. Either way, make sure you document that you're paying for a final settlement.
 

nanaII

Member
The point is..

The point is, if he is really planning on getting his car fixed, he won't care one way or another if you go through your insurance company. I think there is something fishy going on...
 

Lynx 36

Member
Yea, this guy has some scratches on his bumper. He has no intention of getting his car fixed, he just wants to pocket the money. Legally he can do this. I've paid plenty of people that don't end up getting their car fixed. Just make sure the estimate is correct and in line w/ the damages and then have him sign a release. If you end up paying him or the body shop who cares, just get the release signed and have it notorized before you give him any money so he can't come back on you later. Good luck!
 

MandyD

Member
.

What Lynx 36 said. :)

It's not a scam not to repair damages to one's car. If you damage my car, you must make me whole but there's no law that says I MUST use that money to repair the damages.
 

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