Legal Question in Civil Litigation in Pennsylvania
She scratched my car
Last week, a woman scratched my car as she was trying to park.
The damage was minor. Two estimates indicated damages of $533 and $453 respectively. She does not want to submit this to her insurance. The higher estimate came from my preferred body shop.
Do I have the right to fix the car where I want?
Do I have the right to have her pay for my rental car? Am I entitled to a car similar to what I was driving?
1 Answer from Attorneys
Re: She scratched my car
You're really not asking the right question.
If you're going to court, or dealing with an insurance company, your "rights" are what you're entitled to under the law, which is the cost of repair (which must be commercially reasonable, meaning usually the lower estimate unless you can show good cause for the higher price) plus rental replacement for loss of use during the repairs, which normally would be a comparable vehicle.
You have these rights, and also an obligation to "mitigate" damages, which is why the lower estimate would apply.
However, you are negotiating with a driver who doesn't want to report the claim to her insurance. It is probably worth $80 difference, to her, to keep you happy. The question here is a matter of what's mutually acceptable to both of you.
You need to claim the rental up front so she doesn't think the damage payment is going to be a complete settlement.
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