Auto Insurance Claims: Settler insists on writing chk to bodyshop not me, small claims court, cart collection

Question
Grocery cart wrangler damaged my car in parking lot. Insurance companies are not involved. Although, I have agreed to sign waiver, Ikea contractor in charge of grocery cart collection admits liability, but will not write the $860. check to me personally but only to body shop were I got one of the estimates. I don't want it repaired until spring and haven't decided where to have work done. Is there any law I can cite to change his mind, forcing him to write the check to me personally?

Answer
Hello,

Well, he is just looking out for himself and does not want to enrichen your pockets. I don't know exactly what to tell you here. He is offering to pay for the repair, if in fact that is what it costs.

I really don't see where you can get the actual cash benefit here. You could however sign a waiver and ask him to pay you half the amount and you can live with the damage. That might work.

I am afraid if you take it to small claims court, you may win, but you may end up with even less.

I am not a lawyer and am not giving legal advice. My thoughts are based on over 20 years of insurance claims handling.

You could pay a lawyer in your state to review the situation, but you are going backwards this way too. I think he has you over a barrel and the only option you have is to negotiate.

If he suggested that you go to one of his buddies for repair, he can't do that. The waiver is most likely to settle the situation and close any liability on his part. It appears as though he does not want you keeping the money without having the repair done, so you could just walk off with $800 of his money. I can see your point and I can see his. See if you can sign the waiver for half the money. It still puts you ahead if you are not going to fix it and if you go his way, he is making you whole, which the courts require.

Rob