Expert: Charlie Barone - 1/13/2010

Question
i GOT INTO A ACCIDENT THE INSURANCE OF THE DRIVER THAT HIT ME TOLD ME TO WAIT FOR ONE OF THEY INSURANCE ESTIMATOR FOR A ESTIMATE. MY QUESTION IS DO I HAVE TO AGREE ON THE ESTIMATE THEY GIVE ME. WHAT ARE MY RIGHTS

Answer
Assuming that you were not at fault, no, you don't necessarily have to agree to anything from the liability carrier of the at fault party. In fact, their insurance company has no legal duty to you whatsoever. It is the party at fault in the accident who owes you for the cost of repairs. So go ahead and get estimates (you only need one) from a shop you trust. The at fault party owes you the cost to repair your car to its pre-accident condition, plus any loss of value your car sustained as a result of the damage and its disclosure.

If you want their insurance company to pay for the damage repair, you do have to allow them the opportunity to inspect the damage. Anything over and above what they determine is the cost of repair, you have to pursue with the at-fault party.