If I Received a Check for the Damage to My Car Do I Have to Repair It

[AleksandraGorelova]

My question involves insurance law for the state of: California

My car was parked and some one backed into it by accident. The other insurance (the one at fault)party sent me a check based on the damages assed by an adjustor. The adjustor looked at my car which was located at a body shop we sent the car to. I told the body shop to just fix the dent, window and door lock only. I called to check in on my car and he fixed the whole side and other scratches which i did not ask him to fix. He said i have to get all the damages fixed. He never gave me a job order to sign and fixed all the damages without my permission. He now wants me to pay $2000 the repair of a door dent should be anywhere from $800-$1300. Does he have the right to charge me $2000 because he decided to fix everything? Do I legally have to repair all the damages?

[STATcom]

Did you sign any job order or was your whole deal done orally? If you have a work order showing that you only authorized part of the repairs, you shouldn't have to pay for the extra repairs.

However, there are a few caveats.

The first is what's known as a quantum meruit contract. Basically in contract law, it means that if someone performs a service for you that you benefit from, that party is entitled to payment even if you didn't authorize the service. But all they will get is the reasonable value of the services, usually the market rate, not just what they charge.

However, there is an exception for bad faith, such as when the performing party knows you didn't want the service and does it anyway just to scam you into paying them. This sounds like your case. So if this mechanic tries to milk money from you, if you have a work order showing the actual extent of the repairs, you should be fine and not have to pay for the extra repairs.

The second issue is that the mechanic may try to argue that the repairs were necessary because your car was damaged to the point of being unsafe. While under California V.C. Section 24002, drivers can't operate unsafe vehicles on the road, a mechanic can't just repair your car to ensure you comply with the law.

Basically, you shouldn't have to pay for the repairs. But it would help immensely if you had a work order showing the actual authorized repairs.

[AleksandraGorelova]

Thank you so much for your help i really appreciate it.

We verbally asked him to fix the dent in the door, the window, and the mechanical issue with the lock. He never presented me with a work order. He never gave me anything to sign at all. He fixed all the dents, scratches on the side of the car where the damage to the door was. Im just scared if i dont pay this man what he wants he will not release my car to me and/or might cut my breaks.

Thank you,
Best Regards,
Alexandra Gorelova

[jk]

Im just scared if i dont pay this man what he wants he will not release my car to me and/or might cut my breaks.

get serious. Suggesting somebody might take an unlawful act, especially one that might cause injury or death is defamatory.

and to him not releasing it: actually likely to happen. He is going to argue you authorized the work. You will deny. If he wants to argue it enough, you will have to go to court and ask a judge to decide who wins.

due to what STATcom spoke of (quantum meruit), it is likely the judge will require you to pay for all the work, especially since none of it is actually coming out of your pocket. You would be asking the body shop to take a loss and you gain a windfall due to the error. Unjust enrichment is the result, another basis for the shop to win.

[Who'sThatGuy]

Two things,

1, who is "we"? Maybe "we" talked to the body shop owner without your knowledge and authorized extra work to be done? Have you talked to the owner and we to find out if there was an agreement for additional repairs to be completed?

We verbally asked him to fix the dent in the door, the window, and the mechanical issue with the lock.

2, how much did the insurance company pay out for the damage to your vehicle?

How much did the body shop quote you to repair what you asked to be repaired?

When you say

We verbally asked him to fix the dent in the door, the window, and the mechanical issue with the lock. He never presented me with a work order. He never gave me anything to sign at all. He fixed all the dents, scratches on the side of the car where the damage to the door was. Im just scared if i dont pay this man what he wants he will not release my car to me and/or might cut my breaks.

How far away from the dent that you only wanted repaired were the other dents?

Was the scratches that he repaired next to the dent, or were they on a different body panel then the door?

[aaron]

An "unjust enrichment" claim would be predicated upon the customer's knowing that the repair was being done, and choosing to say nothing until after it was complete, hoping to get a free repair. If the customer did not know that the unauthorized repair was being performed, that doctrine would not apply.

For auto repairs, states typically (I believe universally) have laws requiring consent before a repair is performed and prohibiting repair shops from charging for unauthorized repairs.

The following definitions apply for the purposes of this chapter:
[indent]
(a) "Automotive repair dealer" means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles....

(d) "Motor vehicle" means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles.

(e) "Repair of motor vehicles" means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and also excluding repairing tires, changing tires, lubricating vehicles, installing light bulbs, batteries, windshield wiper blades and other minor accessories, cleaning, adjusting, and replacing spark plugs, replacing fan belts, oil, and air filters, and other minor services, which the director, by regulation, determines are customarily performed by gasoline service stations....

(a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job. No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for work done or parts supplied in excess of the estimated price without the oral or written consent of the customer that shall be obtained at some time after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are supplied. Written consent or authorization for an increase in the original estimated price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer if an authorization or consent for an increase in the original estimated price is provided by electronic mail or facsimile transmission. If that consent is oral, the dealer shall make a notation on the work order of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost, and shall do either of the following:

(1) Make a notation on the invoice of the same facts set forth in the notation on the work order.

(2) Upon completion of the repairs, obtain the customer's signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs, in the following language:
"I acknowledge notice and oral approval of an increase in the original estimated price.
_________________________
(signature or initials)"

Nothing in this section shall be construed as requiring an automotive repair dealer to give a written estimated price if the dealer does not agree to perform the requested repair.

(b) The automotive repair dealer shall include with the written estimated price a statement of any automotive repair service that, if required to be done, will be done by someone other than the dealer or his or her employees. No service shall be done by other than the dealer or his or her employees without the consent of the customer, unless the customer cannot reasonably be notified. The dealer shall be responsible, in any case, for any service in the same manner as if the dealer or his or her employees had done the service.

(c) In addition to subdivisions (a) and (b), an automotive repair dealer, when doing auto body or collision repairs, shall provide an itemized written estimate for all parts and labor to the customer. The estimate shall describe labor and parts separately and shall identify each part, indicating whether the replacement part is new, used, rebuilt, or reconditioned. Each crash part shall be identified on the written estimate and the written estimate shall indicate whether the crash part is an original equipment manufacturer crash part or a nonoriginal equipment manufacturer aftermarket crash part.

(d) A customer may designate another person to authorize work or parts supplied in excess of the estimated price, if the designation is made in writing at the time that the initial authorization to proceed is signed by the customer. The bureau may specify in regulation the form and content of a designation and the procedures to be followed by the automotive repair dealer in recording the designation. For the purposes of this section, a designee shall not be the automotive repair dealer providing repair services or an insurer involved in a claim that includes the motor vehicle being repaired, or an employee or agent or a person acting on behalf of the dealer or insurer.

I suspect that the auto body shop did prepare an estimate, shared with the customer and the insurance company, and that the work performed was that described in the estimate.

What do the written documents - the estimate(s) and alleged consent for repairs - say? What did you sign?

[AleksandraGorelova]

Hi
I really appreciate all your help.
Thank you so much for the details and actual codes.

Only a man from the insurance company came and collected the estimate to determine the value of the damage. The insurance company then sent the check directly to me. As soon as I received the check I deposited it to the bank. This Monday I dropped off the car to the same autobody shop. I did not sign anything nor was I presented with anything to sign. I verbally told him(the owner of the shop) to fix the door only (which included the window, lock and dent). He called me yesterday and told me the work on my car was complete and that it would cost $2000. I asked him, why so much and he told me he couldn't just fix the door he had to fix that whole side of the car? He also told me that all the insurance money I received is supposed to go towards the payment of the repairs. He said it is illegal for me to keep the money and for him not to repair the car.
All the details you have given me will help me out when I talk to him later on today.
I understand that I benefit from the full repair, even though it was not authorized . I will pay for the full price of the door repair, but i will only pay cost for the other items that were repaired. I hope it all goes well. Wish me luck.
Thank you for all your help.
Best Regards,
Alexandra Gorelova

[jk]

He said it is illegal for me to keep the money and for him not to repair the car.

well, he lied there so be cautious. The only time you are required to repair your car is if it is a security interest for a loan and the loan contract requires you repair the vehicle should it be damaged.

The adjustor looked at my car which was located at a body shop we sent the car to.

who took the car to the repair shop or signed any order to even do an estimate? If somebody from the insurance company dealt with the shop, there may have been a mistake as to who had the authority to authorize repairs.

[SChinFChin]

I verbally told him(the owner of the shop) to fix the door only (which included the window, lock and dent). He called me yesterday and told me the work on my car was complete and that it would cost $2000.

I feel bad for you. I was in the auto repair business, and had some guy next store running a collision shop.

If you don't pay, the shop would not need to be cutting your brake lines, at my shop, we'll put a mechanics lien on your car. And if you still refuse to pay, at my shop, storage charges would mount at a rate of $25.00/day. I don't recall all the details at this point, after a certain mandatory period, the car will be put up for auction.

I only had to put a mechanics lien on once, it was a leasing company who refused to pay for a $300 repair where the lessee bought the car in, then skipped town. The leasing company told us because they didn't authorized the repair, they are not paying for it. So each week, we sent them an updated statement with the storage charges, and around the 90 day period, after running up over $2,000 in storage ($25.00 x 90 days), and we notified them that the car is going up for auction did they come by, paid for the repair and storage charges, a bill of well over $2,000. This is after the leasing company legal department and lawyer ranted and raved, told us they'll wipe us all over the floor, that they finally came by with a "bank check", because we told them after what happened, we won't take a company check.

When the car was in storage 15 days, I was more then willing to waive the charges if they'll only pay for the repairs. After they got nasty, I never offered the deal again, and nasty costed them over $2,000. Just plain stupid!!

Now as to you thinking the job would cost $800 to $1,300, think again. Normally, what my customers think a job would cost is about half of what the job would actually cost. For my customers at least, if they think a job would run $1,000, more than likely it'll run $2,000.

And the collison guy next store has situations such as yours with his customers. Customer gets a $1,000 check, and is stuck with a deductable. The whole side of the car is smashed in, so the customer just wants the door fixed so it'll open. But wait. The fenders is dented in and won't line up with fixed the door then. What does the customer say?? "Do the best you can, just make the bill $1,000". I don't know about you, I won't drive a car where one side is half fixed.

Now, if the collison shop guy is crooked, and I I've seen it done, tell the customer that he'll work with the adjuster to have the $1,500 repair written up for $3,000, he'll pay the adjuster a $200.00 bribe, the whole repair is done including dents from another accident that the customer pocketed the check.

And is it legal to pocket the check, YES, I have done it myself years ago. Some lady coming out of her parking space banged into my car, so her insurance sent me a check. I didn't care about the amount, just the fender was banged in, as I was just going to pocket it. Lo and behold, a few months later, another guy crashed into me a little further up from where the first dent was. I didnt actually planned it that way, just a lucky hit. Another adjuster came, and this time the repair shop agreed to take what the insurance company would pay, so I kept the first check, and had this repair done, basically collecting twice. There was no way the second adjuster looking at the dent can tell it's from two accidents, and since I kept my mouth shut, he didn't know. Not very honest, I know.