Legal Question in Civil Litigation in Texas
Who dictates the repairs on property Damage?
My car was damaged by a tree limb that fell on my hood as a result of work being done by a Tree Trimming company. The individual I am dealing with has me running around town looking for estimates. If he is not happy with the estimated price than he sends me somewhere else, not giving me the right to choose where I can fix my car, which he damaged. He has stated that he wants the cheapest price, even if it is not to my satisfaction that the car is fixed well. "Do I have to have my car fixed where the guilty party tells me to or do I have the right to choose wether he likes it or not?"
2 Answers from Attorneys
Re: Who dictates the repairs on property Damage?
You decide when and where your vehicle is repaired. The repair bill must be within the parameters of that which other garages would charge - reasonable in the area.
Send the tree company the bill. If they don't pay consult a lawyer.
You are not obligated to swing on his string - you are the wronged party, not the wrongdoer.
Re: Who dictates the repairs on property Damage?
You may have the damages fixed for a reasonable price. You should be dealing with the tree trimming co.'s insurance company. You may want to consult with an attorney about putting this guy on notice of your claim. That might speed things up.
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