Is it OK for me to ask the individual to change the payment to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it OK for me to ask the individual to change the payment to me?
A co-worker and I were leaving work and he backed into me and said that he’d pay for it. So I got a body shop estimate and it’s for $960. However, I have someone telling me they would could do it on the side and do it much cheaper. The co-worker gave me the check for the full amount in the body shop’s name. Would it be wrong to ask to change it to my name?
Asked on November 21, 2018 under Accident Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can *ask* but the worker does not need to comply: he provided a payment for the estimate you provided him, which means he did what he agreed to do. Having done what he agreed, you have no power to make him do anything differently. Moreover, if you showed him an estimate for $960, got check (or cash) for that amount, and then he found out you had the work done for, say, only $600, he could sue you for fraud for the $360 (in this example) back: you lied to him (committed fraud) about the repair cost to get more money from him than you were entitled to. So leave this alone, get the car repaired on the up-and-up (not "on the side") and be thankful that the co-worker is voluntarily paying without you having to sue him for the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.