A man collided with the car of one of the brothers, and they agreed that the workshop would assess the cost of repairing the car. This was done, and the man gave him the required amount, but
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The questioner : A man collided with the car of one of the brothers, and they agreed that the workshop would assess the cost of repairing the car. This was indeed done, and the man gave him the required amount, but the car was repaired for less. Is he required to return the remainder to the man, given that the accident affected the car and its value decreases when sold? I ask for your guidance.
The Shaykh : If the settlement is a final, conclusive settlement.
The questioner : Yes.
The Shaykh : And if he found someone to repair the car for less than what they agreed upon, then the excess belongs to him, especially since the excess may not cover the reduction in the car's value had it not been collided with, because the issue is not just the spare parts, but the spare parts and the reduction in the car's value due to the collision, which is something many people may not notice.
And everyone knows the difference between the value of a car that has been collided with, even if it has been repaired, and its value if it had not been collided with.
And the important point is that if the agreement is a settlement to end the dispute and conclude the matter, then whatever exceeds what they agreed upon belongs to the owner of the car.
As for if the settlement between them was for the repair of the car, then in this case, it is obligatory for the owner of the car, if the amount he gave for its repair exceeds the cost, to return it to the other party or seek his permission to keep it.
The difference between this and the previous one is that the previous one was a settlement to end the dispute, but this ending of the dispute is tied to the estimated value of the repair. As for this one, it is a settlement for the repair itself, so whatever excess money the owner of the car took belongs to the owner of the money and must be returned to him. Yes.
The questioner : May Allah reward you. The listener Ibrahim from Riyadh says, in my question.
The Shaykh : If the settlement is a final, conclusive settlement.
The questioner : Yes.
The Shaykh : And if he found someone to repair the car for less than what they agreed upon, then the excess belongs to him, especially since the excess may not cover the reduction in the car's value had it not been collided with, because the issue is not just the spare parts, but the spare parts and the reduction in the car's value due to the collision, which is something many people may not notice.
And everyone knows the difference between the value of a car that has been collided with, even if it has been repaired, and its value if it had not been collided with.
And the important point is that if the agreement is a settlement to end the dispute and conclude the matter, then whatever exceeds what they agreed upon belongs to the owner of the car.
As for if the settlement between them was for the repair of the car, then in this case, it is obligatory for the owner of the car, if the amount he gave for its repair exceeds the cost, to return it to the other party or seek his permission to keep it.
The difference between this and the previous one is that the previous one was a settlement to end the dispute, but this ending of the dispute is tied to the estimated value of the repair. As for this one, it is a settlement for the repair itself, so whatever excess money the owner of the car took belongs to the owner of the money and must be returned to him. Yes.
The questioner : May Allah reward you. The listener Ibrahim from Riyadh says, in my question.