Who Pays Who?

Utah

I was hit in a parking lot. I signed an affidavit to agree not to pursue more claims and they would pay the amount on the estimate I gave them. The people who hit me sent me a personal check made out to me AND the repair shop. They obviously do not accept checks. The people now want to send me a cashier's check made out to the repair shop. I don't want that. I want the money and I will fix it how I please. Do I have the right to the money or a repair? I think it is the money, but they want to "make sure it gets taken care of". Any insights?

Thanks,

Peter

They owe you, not the repair shop the money. Tell them to give you and only you the funds or you will see them in court.

peterl said:

I was hit in a parking lot. I signed an affidavit to agree not to pursue more claims and they would pay the amount on the estimate I gave them. The people who hit me sent me a personal check made out to me AND the repair shop. They obviously do not accept checks. The people now want to send me a cashier's check made out to the repair shop. I don't want that. I want the money and I will fix it how I please. Do I have the right to the money or a repair?

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The answer COULD depend on exactly how this 'affidavit' (??) reads. If there is no mention of ANY repair shop, etc., then it is unlikely that they could now force a 'co-payee' on the compensation.
You need to send them a WRITTEN claim (certified RRR) stating that payment must be made out to YOU (only) and received within five days from receipt, or you would pursue your claim in court.
OR, if you have their insurance information, simply file a claim against them.
Finally, if you don't have their insurance information, file a claim with YOUR insurance. You will be required to pay your deductible, but you can pursue recovery of that from them in court AFTER your vehicle is repaired.