Someone hit my car...do I have to fix it right away?

Question

Someone hit my car a few weeks ago and we exchanged insurance info and numbers. I got an estimate and sent it to him. However, I am starting school in a week and have no way of getting there without my car. So, it won't be convenient for me to fix the dent until I get time off for Christmas break. He wants to pay cash since going through insurance would cost him more in the long run, but he wants to write the check directly to the place fixing my car. If I hold off on the repair, can he get away with not paying me? Is there a law about this? I don't want to get screwed.

Answer 1

You left out some important data:

Is it leased?

Did you borrow to buy it?

How old is the car?

What's your climate like?

Do you plan any long trips soon?

If the car is leased, or if you took out a loan to buy it, get it fixed ASAP.  If you own it outright, it's entirely up to you as to when to repair it.  But keep in mind the tendency to take the cash, spend it on something else, never get the car fixed, and you'll be driving around in an accumulation of dents (strange as it sounds, they do tend to attract others)

I ask about climate because some damage can allow water to get into places you don't want, and may not even be able to see it, even to allow road salt to infiltrate electrical systems.  

In short, best not to wait.  Try to borrow a car or bum a ride for the week or two it'll take and just get it over with.

Answer 2

File it with your insurance company.  If he's insured you should be able to get a rental car while your car is in the body shop.  If he's not insured you might be screwed.  What he wants is not an option unless you find out he presented you with a bogus insurance card.  In either case, file through YOUR insurance company and let them take care of it for you.  If he was at fault your insurance company will go after him and you can get on with your life.  If he was insured, his insurance company won't fight your insurance company.  They'll settle quickly.  But in any case, get the work done, and demand a rental or transportation reimbursement while your car is down.

Answer 3

Did you already get repair quotes. Which is how he knows how much its going to cost.    

Don't forget, quotes are not timeless.  If you got one today by Christmas it may not be valid.  If its higher by then, who is going to top up his cash.   I would not consider it fair to ask him for this as this delay to repair is for your convenience not his.

I think maybe put it to him that you dont care if he pays cash or makes an insurance claim.  As he wont trust you with the cash the only solution is to do it through the insurance, that way you have time to get the job done.  

But waiting for another 3 to 4 months and then living in hope that he will honor his word is not secure enough for you.  

If you dont already have the value in spare cash what are you going to do when the car is ready and yet he fails to turn up to pay the repair bill.

Answer 4

Get the estimate and present it to this person. Remind him and yourself that this is YOUR car. YOU make the decisions as far as YOUR car is concerned. You tell him that fixing the car right now isn't going to work for you. Don't be suckered into the 3 estimate bull c**p. YOU can have YOUR car fixed ANYWHERE YOU want it to be fixed and he or ANY insurance company MUST pay that price. If you have explained to him your situation... and you have a police report, then tell him to write you the check or you will report it to his insurance company. It shouldn't matter to him who he writes the check to.If he gives you any static over who to write the check to then he's trying to complicate things. I would tell him to explain it to the sheriff...or a judge.