In article <15496-3F4C110A-140@storefull-2334.public.lawson.webtv.net>,
ravelation@webtv.net (ravelation) wrote:

> The silver lining is we will get the right year parts on the car free of
> charge as the Excursion owner has accepted full liability. The mother is
> an adjuster (homes) for All State. She wants to keep it off the records
> and pay for the damages in cash. I'm not real savvy about this stuff, so
> anyone with advice on how to protect my rights if I should decide to
> keep the insurance companies out of it would be appreciated.

Insurance companies have nothing to do with your rights. You have the
right to be made whole; who writes the check to do so is completely
irrelevant. If she decides not to subrogate this to the insurance
company, it in NO WAY changes your rights.

If she fails to make you whole, you send a demand letter and/or sue in
the appropriate court. IN ADDITION, at that point, states with
insurance requirements usually have a mechanism whereby the BMV gets
involved to the point of requiring proof of insurance. She then has to
show that proof. If you complain that she's not making you whole, the
BMV may (this is the case in my state) pull her driver's license.

You can also subrogate this to your insurance, should you have the
appropriate coverage, and have them fix it. You then drive away in your
fixed car and let your insurance company recover the damages from her.
Believe me, THEY know how to recover damages, no matter what. In fact,
at that point, her insurance company *would* come to know about
it--whether she wanted them to or not.


> The first estimate I've received is for $3400. I plan to present her
> with one more from a AAA approved local body shop. She would like us to
> travel to Northridge (those of you in L.A., we live in Santa Clarita) to
> a place called Yoshi's. Can anyone tell me if this is a good repair
> shop? And, if I *do* respect her wishes by going there, should I be
> compensated for the trouble it will be?

You're under no obligation to do anything *she* wants. Everything's
negotiable; if she wants you there, it's for a reason. So, she should
pay you for that trouble.

My concern is that she's got a reason for wanting you to go there, and
that you may end up screwed. Protect yourself, and go where YOU want to
go. Period.