Full question:
My son sat on the trunk of a friends car and put dent in the trunk. The parents got an estimate from the dealer for $700. We asked for a competitive bid but they refused and demanded money in 5 days or face legal action. We are willing to pay we just want to get a better price if possible. They have already made the repairs and their attorney sent a letter demanding $700. Did we have the right to ask for a competitive bid? If not, do we at least have a right to see a copy of the bill/estimate so we know they didn't have other repairs made on our dime?
- Category: Civil Actions
- Subcategory: Settlements
- Date:
- State: Kentucky
Answer:
An out of court settlement before a lawsuit has been filed is a matter of negotiation between the parties. The right to see repair bills or obtain independent estimates may be privately negotiated, but there is no statutory right governing such matters at this point.
When a lawsuit is filed, the amount of damages claimed may be disputed in court as being unreasonable. A claim for property damage is a civil claim, and damages are designed to restore the party to the position they would be in before the damage, not to punish the other party for wrongdoing. A repair bill is evidence of the damages incurred. A defendant may produce evidence that the repair bill submitted as evidence by the plaintiff is unreasonable, by obtaining independent estimates.
The discovery process may be used to compel the plaintiff to produce copies of estimates and repair bills to the defendant. A request for production is used to ask for documents to be delivered to the requesting party. The party served with such a request must typically comply within 30 days.
How many estimates are obtained is typically a matter of insurance practices, which vary by insurance company. Insurance estimates must be reasonable. If an insurance company prepares an estimate of repairs to your vehicle, the estimate must be in an amount reasonably expected to satisfactorily repair the damage. You have a right to a list of the repair shops convenient to you who will satisfactorily complete the repairs at the price estimated by the insurance company.
Some states have tried to enact statutes with protection for the insured. One proposed bill allowed the insured three auto body repair estimates from licensed auto body repair dealers of their choice, and the average cost of these three estimates would have created a "rebuttable presumption" in court that the average estimate is "reasonable."
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
