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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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