Who Decides Where to Repair the Car When the Other Party is Fully at Fault?
3 Answers
When the other party is fully at fault, the location for car repairs can be determined through mutual negotiation. If no agreement is reached, you can choose the repair location yourself. When issuing the invoice, request the other party to pay. If the other party refuses to cover the repair costs, you can pay upfront and then retain the repair cost receipts to file a lawsuit in court, demanding compensation from both the insurance company and the other party. Two solutions if the other party, being fully at fault, does not compensate: 1. Subrogation: Applying for subrogation (right of recovery) from your own insurance company is the most hassle-free method. This involves having your insurance company compensate you first, then transferring the right to recover from the at-fault party to the insurance company. The insurance company will then seek compensation from the at-fault party. 2. Legal Action: Apart from subrogation, you can also file a lawsuit in the local court to protect your legal rights. However, this method is more cumbersome, time-consuming, and labor-intensive, and is not recommended.
In a traffic accident where the other party is fully at fault, the choice of where to repair the car is actually up to me, meaning the car owner has the final say. According to insurance regulations and common procedures, although the other party's insurance company will cover the costs, the choice of repair location depends entirely on my preference and trust. I can freely choose, such as a familiar 4S shop, a professional auto repair shop near my home, or a partner recommended by the insurance company—but they cannot force me to accept a designated location. It's important to preserve evidence at the accident scene, such as taking photos and obtaining a police report, then contacting the other party's insurance company to file a claim and assess the damage. I will clarify repair details in advance to ensure the use of original parts and avoid quality risks, preventing post-repair issues. Throughout the process, maintaining smooth communication is key. After repairs are completed, the costs are usually settled directly without needing to pay out of pocket. This right makes car repairs more reassuring, but it also reminds me to choose a reliable place, as repair quality is crucial for driving safety.
Hey, I was rear-ended once and the other party was fully at fault. I chose the small shop I usually go to for repairs because they know my car well. The insurance company confirmed it and paid without any hassle—the whole process was as simple and casual as grocery shopping. Remember, the freedom to choose where to repair your car is legally protected; don’t be misled into thinking you have to go to their designated place. When picking a shop, consider convenience and trust—dealerships are fancy but may be slow, while local shops are fast but you should verify their qualifications. Keep the invoice and repair list after the job is done, then just wait for reimbursement. This kind of freedom feels great—treat it like a free spa for your car, and it’s a good chance to check for other minor issues too.
