Legal Question in Personal Injury in California

Re: Repair Estimates

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury Law.

Technically, you are only required to provide one repair estimate from the shop of your choice where you wish to have the repairs completed. If the other driver is not satisfied with that estimate, he is entitled to inspect your car and have your car appraised by an appraiser of his own choosing. You should not sign any release until your car is completely repaired and then it would be alright to provide the other driver with a completed work invoice. The total amount of the completed work invoice may differ from the original repair estimate. The other driver may also be responsible for your renting a car at reasonable rates while your vehicle is being repaired. Only after receiving payment for all related damages should you sign a full release.

Yours truly,

SAM M. EAGLE, 10101 SLATER AVE #218,

FOUNTAIN VALLEY, CA 92708

PHONE- 714- 963-5123

FAX- 714- 964-9993

E-MAIL-WWW.FIRMS.FINDLAW.COM/EAGLELAW007

Re: Repair Estimates

Insurance companies often don't mind if the parties to an accident settle on their own and the insured pays with his own money, but some might because it deprives them of information they would otherwise use to set rates (in other words, an accident-prone driver who should pay higher rates might be able to fool them into believeing he is a safe driver who deserves lower rates).

Be that as it may, if you settle without the insurance you are doing him a favor and he should realize that. Getting multiple estimates takes effort on your part which you are not obligated to expend, and you are certainly not obligated to compromise on the cost. If you tell him that you will have the insurance companies take care of this problem, he may become more reasonable. If not, you might save yourself a lot of bother by letting your insurance do its job.

By the way, it would be wise to give him a notice in writing that this is what you intend to do, lest he claim later that you defrauded him.

Re: Repair Estimates

It is not advisable to attempt to settle with the party apart from his insurance company. Insist upon insurance information. You are entitled to medical bills payment if you were injured, loss of use for the time your vehicle was in repair, lost wages, lost earning capacity, and pain and suffering. Do not sell yourself short.

Re: Repair Estimates

You are not required to do obtain extra estimates or provide an invoice. You are not requred to use the lowest estimate to determine the cost to repair your vehicle. You are not even required to repair your vehicle.

You have rights to recover the reasonable value of the cost of repair, reasonable rental value of a like kind rental vehicle while yours is being repaired and the value of any reduction in the value of your vehicle due to being damaged in the accident.

You are also entitled to recover for any bodily injury. You can settle the property damage issues without settling the bodily injury claims. I strongly suggest that if you settle the property damage, DO NOT sign off on the bodily injury claim. It can take six months for an injury to appear. Don't risk it.

I also strongly suggest that you go through the insurance companies. You will save yourself a lot of hassel.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

Re: Repair Estimates

I think you have already bent over backwards far too much for him. I�ve seen a good many of these cases and unless the amount of money involved is nominal, you�ll never be able to satisfy him. I would recommend you go through his insurance company and if he doesn�t like it then he should just pay more attention to his driving next time.