QUESTION

Can I make the other party get another estimate or let us supply parts that match?

Asked on Nov 10th, 2018 on General Practice - Alabama
More details to this question:
I hit a car in my driveway and I do not have insurance. We agreed to settle it ourselves and I wrote a contract saying that I would pay for the damages to the part of the car that I hit. They went to a mechanic they know who is wanting to buy aftermarket parts and paint to match and is charging $900+ to do so. My husband is a mechanic and I know we can do this much cheaper if their mechanic would buy parts from a car the same color. We have explained how their mechanic is overcharging by $500+ but they have said they are unwilling to get another estimate or let us do it or supply parts- can we make them do so? Do I have any rights in this situation? Even if we have nothing to do with fixing it, I would be happier if they would get multiple estimates from either that same mechanic (other ways to fix it) or several other mechanics. What can I do?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You can't require the other car owner to get another estimate or use your husband to do the work because they never agreed to do so.  Nor are you required to pay their estimate if you believe it to be unrasonable.  If you can't work it out, however, and don't pay, they will likely have no other option but to sue you.  It is possible that you will win, and the Court will hold that you only caused $500 worth of damages, but given that you (a) may lose and (b) broke the law by driving without insurance, you may be better off getting the best deal you can and staying out of court.
Answered on Nov 12th, 2018 at 2:48 PM

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