Legal Question in Real Estate Law in Virginia

i asked the question if it was reasonable for me to go to court if my apartment complex didn't pay me directly - instead of paying the body shop for repairs - the estimated 1300 damages their construction workers did to my car parked legally in the apt lot. I nor they are using insurance- this is a private settlement/out of pocket payment for the damages to my property/car.

Well, I suppose I should have used more perspective and clear questions.

Is it unreasonable for me to request DIRECT payment to me and NOT to the body shop for the 1300 damages done to my car by my apt complex? I mean, it is MY property THEY damaged! They are only paying me the amount due to restore it to it's value prior to damage- ie same as paying me for the damage caused to the value of MY car BY their workers- IF I CHOOSE to fix it or NOT is moot is it not? It's not insurance, it's NOT fraud, and IT IS CERTAINLY NOT THEIR CHOICE IF I REPAIR IT NOW OR LATER OR NEVER!

Is it legal for me to request the check direct to me, not the body shop? I mean, why would it not be?

Is it correct that since the car has no lien, was legally parked, they are 100% at fault for the damages, that they have no right to dictate who or where the check is written out to and HOW I spend the check FOR DAMAGES to MY PROPERTY?

I am just confused - i get they want to make sure they are paying for actual repairs, but they are forgoing their insurance, they OWE for the damage to my property- WHY do they dictate WHO check goes to when they are at fault for the property damage?

I feel I have right to go to court, argue above points in small claims, and collect in my name- AM I WRONG IN THIS ASSUMPTION AND WHY? Would a judge say they offered to pay to body shop to restore property, take it- but it's MY choice isn't it since it's MY property damaged?


Asked on 5/02/12, 2:55 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As I''ve already answered, if you're unhappy with what the complex has offered

to settle the matter, then sue 'em in small claims court.

Furthermore, FYI, your question has been posted in the wrong category of law

and has nothing to do with Real Estate and Real Property.

Read more
Answered on 5/02/12, 8:39 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia