Legal Question in Personal Injury in California

I took my car to an auto body shop after an accident. they gave me an estimate and i acceped it. now they say that it will cost more to repair my car and i have to come up with difference. the total cost will be more than the car is worth. can i legally just sign the car over to them and do they have to accept the title? can i use the money that the insurance company gave me for the accident to buy another car?


Asked on 8/17/11, 8:36 pm

1 Answer from Attorneys
Steven Simons Law Office of Steven A. Simons

The short answer to your question is yes, if the body shop wil accept your title in place of he work then you cn sign it over (assuming that there is not a lienholder). Just make sure the shop puts the agreement in writting so no one comes after you later for the difference in value.

On the other hand, there are several laws concerning body shops that may prevent the body shop from collecting any amount over the initial estimate. One would have to look at all of the paperwork to make a full determineation. Query, did the shop call and advise that the price was gong up? Was the insurance contacted to increase the estimate and did the insurance comany pay more for the repairs? Was the check payable to you and the body shop or just you?

My office has severla active cases against body shops that gives us some insite nto the operations of these shops.

Good luck.

Steve

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Answered on 8/17/11, 8:57 pm


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