What are my rights if my car was damaged while at car wash?

UPDATED: Sep 30, 2022

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What are my rights if my car was damaged while at car wash?

The car wash owner/corporate office agreed to pay for the damage. He requested an estimate but

refuses to make the check out to me and wants to pay the body shop directly. By law can he

refuse to make the check out to me?

Asked on June 6, 2016 under Accident Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you sue him and win, getting a court judgment ordering him to pay, any payment by him is voluntary; that is, he is not required to pay unless you prove your case in court. Therefore, since it is voluntary to pay without you suing him and winning, he can put any conditions he wants on his offer of payment, including paying the body shop directly. You can't force him to make the check out to you; your only right would be to reject his offer and instead sue for the money, but doing so will cost you time and money.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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