Legal Question in Civil Litigation in Maryland
Car Estimate
I live in MD and a person hit my car on 03/13/08; she wanted to pay for my car out-of-pocket. I got 2 preliminary estimates, which I faxed to this person and she selected of course the lowest one. I signed an agreement to accept a Cashier's check for the amount of the preliminary estimate and a check for the rental. The auto body called me to indicate there was structural damage and the estimate is more. They contacted her and she told me that per her attorney, she isn't obligated to pay more because the Auto Body Shop is to held to the estimate and I signed a receipt of the check and agreed to accept the check so she isn't obligated to pay anymore. The 3rd page of the estimate indicates that this estimate is indeed preliminary and that ''this estimate is based on our initial inspection and does not include parts of labor wihc may be required after work is started. Additional damage not evident on first inspection may be discovered. Naturally, this estimate ecludes additional repairs.''
What recourse do I have? I do not have an additional $600 to get my car out of ths shop.
2 Answers from Attorneys
Re: Car Estimate
If you signed a "full and final" release of your claim in exchange for the amt. of the original estimate, you've given up your right to any more from the negligent party. If you had been dealing with her insurance company, they would have agreed to cover related structural damage that couldn't be found by the body shop until the exterior damaged parts were removed in the course of the repair. If your agreement with her was that it was only to cover the preliminary estimate and the door was still open for hidden damage, then she can be held responsible for the extra cost. But she is going to claim the former, so you would have to take her to small claims court and hope to convince the judge that your version is correct.
Re: Car Estimate
Was the agreement based on the estimate or was it full and final? Alternatively was the agreement presented by her and prepared by her attorney? Is there acknowledgement of relinguishing insurance coverage?
Had you gone through insurance a supplement would likely have issued. You may want to consider a claim against your policy.
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