Legal Question in Business Law in West Virginia

i took my vehicle to a glass company for a new window. they damaged my truck inside and out. 2100.00. got 2 estimates. they picked the estimate and stated they would set up to pay the garage directly to fix it. can i demand a personal check to me? i thought i could ask for a personal payment and fix it the way i want, if i want. regardless of me fixing it or not they owe me for damage.


Asked on 6/15/11, 2:33 pm

1 Answer from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I want to thank you for clarifying your prior question. You're right, they owe you the money for their damage. Where, when and who you ultimately decide to repair your vehicle is your decision. This is all standard procedure when dealing with car insurance companies. Speaking of which, have they reported it to their insurance? Probably not (or you'd be dealing with their insurance carrier). They probably don't want their rate to go up with a claim (which is why they're trying to deal with it directly and not inform their insurance) and this may be the additional leverage you need if they remain uncooperative. If they still refuse to pay you, tell them you want their insurance company name, policy number and agent so you can file a claim. If they still remain uncooperative, go up in the food chain as far as possible and put your demands (payment of your damage estimate and that they turn it over to their insurance carrier) in writing. Inform them you will need to retain legal counsel if they continue to insist on being unreasonable. It's unlikely, but you many finally need to have an attorney write a demand letter. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 6/15/11, 2:52 pm


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