If I was driving in a parking lot and someone let go of their cart which damaged my car, what is the law regarding where I have the repairs done?

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If I was driving in a parking lot and someone let go of their cart which damaged my car, what is the law regarding where I have the repairs done?

The person at fault has admitted fault and is willing to pay but wants me to get my repairs done at an auto shop they choose. I have provided her with 3 estimates.

Asked on October 27, 2015 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They can't force you to get the repairs done at their shop; but if you don't have the work done at their shop, they can refuse to pay. In that case, to get the money, you'd have to sue them and win--that's the only way to force them to pay--by proving their fault in court. (And, of course, they may deny their fault in court, so it becomes "he said, she said," as you contradict each other, leaving the court to decide who is right.) Therefore, you have to consider whether it is better to get, the work done were they want, or to sue them, spending  the time & money, and taking the chance of losing (you can never count on winning), that goes with a lawsuit. If you do agree to have the work done where they want, before bringing the car in, have them sign an agreement to pay the charges or cost--you don't want to bring  the car to a shop you didn't choose yourself, then have the renege on paying.


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