Legal Question in Traffic Law in South Carolina
accident compensation
If I pay for an auto accident out of my own pocket, do I have to make the check out to the person driving the car (they did not own the car) or can I insist on making the check payable to the body repair shop where they say they are going to get the extremely small dent repaired.
I also have a release form for them to sign to avoid future actions, can I insist that it be signed before I give them the check?
1 Answer from Attorneys
Re: accident compensation
There is usually one or two legal matters involving auto accidents, property damage and personal injury. I assume from you question that there is only property damage and will answer your question accordingly. I would not make the check out to any person that didn't own the car. You can make it out to either the car owner or the repair shop, but you need to have them sign a release. Having them sign the release before giving the check is a wise thing to do if you want to avoid and future actions. I would also advise you to have the release reviewed by an attorney and not trust one bought off the shelf at your local office supply store. In the interest of being safe, the release should also include any future claim for injuries. By the way, don't you have insurance?
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