Legal Question in Personal Injury in California

A little over a month ago my daughter was innvolved in a auto accident; a fender bender. Most of the damage was done to her car and it was her fault. The other lady had minor damage to her rear bumper; some scratches and it was slightly pushed up, barely noticeable. My daughter is included in our insurance but partical coverage so because it was our daughters fault and we would have to pay the lady's damages we all have decided not to make a claim with the insurance co. Just recently the other lady has called letting us know that she has gotten some estimates on damages. All of the repair co have told her that they need to replace the whole bumper, for saftey reasons. My question is should we just cut her a check for the amount of one of the estimates and be done with it or should we make sure that the rear bumper is gets fixed and pay the repair co directly? I am just afraid that if we go that route that there will end up being a suppliment added to the original estimate and also we would have to pay for a rental car (not sure on how long it would take for them to complete the work). I am aware that if we just write her a check she very well might pocket the money but there is nothing I could do about that, it was our daughters fault. So which would be the wise thing to do? Thank you for your time.
Sincerely,
Abigail

Asked on 10/10/11, 5:36 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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Your are correct that with even what might appear as minor bumper damage, most repair shops and insurance carriers would want the entire bumper replaced. That can easily cost $1,200. You can not force the other driver to make repairs as you owe her the damages caused. if she does have the repairs done, she is entitled to loss of use of the vehicle for a reasonable period to do the repair work, even if she has another family car she can drive in the meantime. That will cost an additional $25-30 per day. When they remove the bumper the may very well find additional damage.

If you can get the other driver to accept payment of the repair estimate in return for a release of any further liability, that is the least expense manner of handling the problem. You need the driver and the owner(s) of the vehicle to sign a written release of your daughter, your husband, and you, for this and any other damages discovered in the future. You can probably find a release on line but if not I can send you a copy of a standard one if you give me your e-mail address.

Answered on 10/10/11, 5:59 pm

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