Who receives the payment for damages?

UPDATED: Sep 30, 2022

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Who receives the payment for damages?

My wife’s car was damaged in an underground parking lot by a moving company’s employee. The company accepted responsibility and agreed to pay for the repair of damages about 600.00. However, they refuse to issue payment to my wife and insist that they will only pay the body shop directly upon work completed. Can this be contested?

Asked on July 11, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They are agreeing to pay voluntarily: that means that they can--and evidently did--put restrictions on their payment, since if you don't like their restrictions, you don't have to accept their money. They have the right to say they will only pay the bodyshop. If you don't agree, you need to sue them and get a court judgment requiring payment directly to you; but if they are willing to pay the bodyshop the actual cost to repair, there is no point in doing that--you can't get more than the actual cost to repair in any event.

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