Legal Question in Real Estate Law in Virginia

If a person A damages an item that belongs to someone else (person B), and then pays to replace it, is person B obligated to give the damaged item to person A? Has person A essentially bought the item? Or, is it at the discretion of person B whether they keep the item and use it in its damaged state, throw it out, etc?
I'm thinking that with a car, if someone hits you and dents your car, they have to pay the cost of repair, but you aren't obligated to actually make the repair, you can keep the money and drive the car in its damaged state. But perhaps this would be different if the car was totaled and the payment was for the entire car?
Thanks in advance.

Asked on 8/10/11, 4:44 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Only, if there is a specific agreement between the parties that in return for

person A's payment that he will be entitled to receive the damaged item

from person B (in my opinion).

Answered on 8/16/11, 9:23 am

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