Car accident advice

[Thomas Vu]

Hi guys,

Before you reply, I'm already hating myself for my lack of action.

Some guy that was doing my friend and I a favor backed into my car. It looks like it needs a new front bumper. Since they did my friend and I a favor, I spared the police call and gave them the choice of whether or not to go through insurance or not.

They obviously chose not to go through insurance, and gave me a place to go to look up costs for parts. It's casually mention that it may be a 3rd party part, and not the same color to which I expressed that I'd have a problem with that.

I give them a call and not only are they not stock parts, but they wouldn't even put it on. I ask him what they were planning to do for followup, and mentioned that they would install it. I also expressed that I'd have a problem with that.

The issue is that now a month has gone by and I'm about to meet and discuss about possible courses of action. I expect the result to be me asking for his insurance info, and them being reticent to give it to me. Any advice given I've already handled the solution this poorly? Thank you for reading this and the possible advice I receive.

[BBatesokc]

Tough situation.

I'm assuming this was on private property? If so, then the 'no police report' is not a big deal because often police won't (or are very reluctant) to make a report or even respond to a non-injury accident on private property. It's considered a civil matter. So, you are handling it properly thus far. That said, hopefully you took some photos at the scene when it happened.

Regardless, if it were me, I'd handle it like this.... Meet with the responsible party. Have your cell phone recording your conversation (without them knowing of course). Get them to acknowledge the accident and that they agreed it was their fault and they would make it right. Once you have that, if you can't reach an acceptable agreement with them, then you really have no choice but to file a civil lawsuit.

In the mean time, I'd get an estimate or two to fix the bumper to your satisfaction.

Just my $.02

[stick47]

I backed into a post in our car and cracked the plastic bumper a year ago. Aftermarket bumper with paint, installed ran me $600. They guaranteed the paint job and the color match. I'm satisfied. (paid out of my own pocket)

[BBatesokc]

We've used Carsmetics three times now after minor fender benders. Each time was the other person's fault. I get 3-4 estimates and Carsmetics has always been the cheapest (by as much as 60% in one case). Insurance pays the highest amount. Take it to Carsmetics and at least you get a few to several hundred dollars in your pocket for the inconvenience. One of our cars was an Infinity FX35 that needed a new bumper and such. Metallic paint job I gifted might be hard to match. They were $800 less than my other bid and two years later the bumper still looks great.

[Thomas Vu]

Thanks guys for the advice! I do plan on recording him. Am I crazy for wanting stock parts given the parts that were involved in the accident were stock in the first place?

[stick47]

Depends on whether the damaged parts had any add-ons. In our case, the original bumper (bumper cover actually) had a rubber strip on top (rear of an SUV) Removing the strip caused it to be stretched so had I wanted the car back to 100% original I'd have had to spend another $100 or thereabouts. Car was 8 yrs old. so I decided to put that $100 towards our next car.

[SoonerDave]

I'd get at least two estimates for repair at shops of your choosing and when you meet the other party, let them know you need to get this issue resolved. Every day you wait is, IMHO, bad for you. Never stand on your own rights, because when you do, eventually it looks bad if it goes to court.

Remember, too, that you are not obligated *at all* to use "the other guy's buddy's cousin's girlfriend's uncle's" body shop because "they'll cut you a great deal." It's your car, and your duty is to mitigate damages: that means you're entitled to reasonable repair charges at the shop of your choosing. And the reasonableness of the charge is shown by the power of the multiple estimates.

Once you get estimates, give the guy a date certain to remit payment. Do you have an email address for him? Or a text phone number? Send him electronic copies of those estimates as soon as you get them. Document, document, document, then document some more. And save each and every reply he sends. You can make your request for payment firm but casual, something like "I appreciate this can be a tough situation, but I do need to get this problem resolved, so given the estimates I've obtained are time-sensitive, I would be glad to wait until (insert date here) to receive your payment before pursuing other avenues."

Good luck.

[rezman]

I had my truck damaged while it was on my neighbor's property. His home owners covered it. No police involved.

[GaryOKC6]

I think most body shops use aftermarket parts. they should be just fine. If he does not handle this to your satisfaction you can always turn it in to your insurance. Depending on your deductible it might be worth it. That happened to me and I turned it in to my insurance who went after the person who hit my car. They ended up getting their insurance to handle the claim and my insurance premium was not affected at all. It was worth it for me because the cost was 4000.00. Also there could be damage underneath the bumper that you can not see. Most bumpers are a cosmetic cover for what is underneath.

[rezman]

You have a right to insist that the body shop use OEM replacement parts. However, the parts may not be brand new. Depending on the damage, it is a common practice for shops to use nice or like new salvaged parts in making the repairs.

[Thomas Vu]

Thank you guys again for the advice!

I was surprised when their insurance rep told me that if I were to file a claim, an adjuster would come out and try and price me based on aftermarket parts anyway. If I wanted stock parts I'd have to cover the difference myself.

Having learned that, went with the Certifit part and the certifit rep was able to recommend a mechanic that'd promise color matching and the work would be done on the same day.

@GaryOKC6 I didn't even consider that, but thank you for bringing it up. With him reversing into my car at <5mph it didn't occur to me that this was a possibility.

[kevinpate]

When it is property damage only, many folk will first look to the at fault person's insurance, simply because that is the least out of pocket route for the one whose car is now out of whack.

One can also involve their own insurance, if they have applicable coverage. Often their insurance will work behind the scenes to be reimbursed, including the person's deductible.

And one can of course work a private agreement with the at fault person. I don't encourage that route, not at all. There is a reason folks pay for coverage, and it isn't so they can grow old and die without ever using their coverage. Yet I have known folks bordering on terrified to either make a claim or to have a claim made on their policy. Little need for the concern if folks are using solid companies and not fly by night boiler room groups.

And yes, the visible part of most bumpers today is but a plastic cover, which can bounce back after a hit at times, and with nary a scratch. However, there can be enough damage underneath that it leaves the entire bumper compromised, and thus leaves the car compromised. best to never assume oh we got lucky and there is no damage. Have someone check it out, lest one discover, too late, the bumper is actually bad.

[BBatesokc]

...And one can of course work a private agreement with the at fault person. I don't encourage that route, not at all. There is a reason folks pay for coverage, and it isn't so they can grow old and die without ever using their coverage. Yet I have known folks bordering on terrified to either make a claim or to have a claim made on their policy. Little need for the concern if folks are using solid companies and not fly by night boiler room groups. ...

The two times my wife's car has been hit in recent years (since moving to Edmond), the drivers in each incident elected to pay for the damages out of pocket and I think it made sense. Both times were fender benders and the repairs were less than $2,000 in each case. Both had higher deductibles and both felt the ding to the insurance for such a low reimbursement didn't make any sense for them.

I know when I recently changed insurance - if I had a couple of claims (large or small), I either wouldn't have qualified for them as a new client or I would have been at a higher rate.

Same goes with home insurance. A couple of small claims can really kill you.

But, that's just my perspective - sort of like asking who makes the best pizza - opinions are gonna vary.

[Goon]

We've used Carsmetics three times now after minor fender benders. Each time was the other person's fault. I get 3-4 estimates and Carsmetics has always been the cheapest (by as much as 60% in one case). Insurance pays the highest amount. Take it to Carsmetics and at least you get a few to several hundred dollars in your pocket for the inconvenience. One of our cars was an Infinity FX35 that needed a new bumper and such. Metallic paint job I gifted might be hard to match. They were $800 less than my other bid and two years later the bumper still looks great.

Interesting. I thought the insurance company paid the body shop for the cost of the repair, or at least needed a final invoice for the repair in order to initiate payment.

This sounds like you were paid directly based on the highest repair estimate you presented (but did not use), and pocketed the difference upon paying the lower estimate.

[BBatesokc]

Interesting. I thought the insurance company paid the body shop for the cost of the repair, or at least needed a final invoice for the repair in order to initiate payment.

This sounds like you were paid directly based on the highest repair estimate you presented (but did not use), and pocketed the difference upon paying the lower estimate.

Nope. You get an estimate, send it to them. If it seems reasonable then they send you a check. You are not legally obligated to get the repair.

This has been the process the maybe 5 times I've been involved in an accident - not yet ever been my fault.

The last time I was in one (not my wife) was when a semi truck changed lanes into me. The truck he hit is just an extra vehicle of mine. The damage was a few thousand dollars and was all cosmetic (ran down the side of my truck). I got several estimates and sent them the highest. They paid it, plus the cost of a week and a half of rental for a truck. They send you a check and its up to you to fix it or not. Same goes with most home owner's claims I've ever filed. Had lots of hail damage at our old house. They'd come look, write a check and leave. You are not obligated legally to make the repairs.

[stick47]

Depening on whether or not you owe money on the car. No?

[BBatesokc]

Depening on whether or not you owe money on the car. No?

Why would that matter? All my cars I pay cash for - but the bank doesn't care if my car gets damaged. They just want their payment and they want you to maintain insurance.

[BBatesokc]

That said, there are shops that "will handle filing the claim for you." Don't do that! At least that's my opinion. They know the maximum they can get out of your insurance company and they will. And none of it to your benefit.

The one's notorious for this are hail damage repair shops.

[stick47]

It would matter if the car owner is using the vehicle as an ATM. Bang it up now and then, collect the repair checks but don't fix it then stop paying on the car. The bank wouldn't be happy after the repo. May not be common but don't under estimate the kinds of insurance scams there are out there. I had an old Datsun PU brake check me at 16th & Rockwell once. He had no brake lights and almost collected but I was paying attention when it happened.

[BBatesokc]

It would matter if the car owner is using the vehicle as an ATM. Bang it up now and then, collect the repair checks but don't fix it then stop paying on the car. The bank wouldn't be happy after the repo. May not be common but don't under estimate the kinds of insurance scams there are out there. I had an old Datsun PU brake check me at 16th & Rockwell once. He had no brake lights and almost collected but I was paying attention when it happened.

It still doesn't matter - legally speaking.

As a matter of fact, a big misconception is that if say you already have damage to your bumper and it gets hit again. Some people think they don't have to pay because its already damaged. Not true.

That said, people do run scams.

A portion of my PI business involves insurance fraud. Another portion is skip tracing (often the people who stop paying for their stuff).

As for your brake checking incident - another reason everyone should have a dashcam.

Had a Corvette on I-35 do that to me. I got him on dashcam and made a report with police. Mostly in case he has a habit of doing this.

[stick47]

Well my main point is counter to your statement that the Ins Co will send you a check. I think they don't do that in many cases when there's still money owed on the vehicle. The body shop is sent the check then.

[BBatesokc]

Well my main point is counter to your statement that the Ins Co will send you a check. I think they don't do that in many cases when there's still money owed on the vehicle. The body shop is sent the check then.

Not true. The insurance company doesn't owe your bank any favors. There are instances where the bank does deal with the repair shop, but I've personally never known it to have anything to do with a lien.

I've leased several vehicles in the past because I wanted the tax write-off and a newer vehicle I wouldn't loose money on. One, a Montero, got hit pretty bad. I was given a large check to get it fixed. Mitsubishi was never involved and shouldn't be.

In my experience the bank will allow you a certain dollar amount on your vehicle repairs. Some shops will claim that won't cover the repair and then they have to deal with the shop directly.

Larger insurance companies have local adjusters who come and look at the damage and will give you an initial check. They tell you if that doesn't cover it then have the shop get in touch with us.

Again, same goes for home insurance. We had a tree fall on our house. The insurance adjuster showed up and determined $5,000 was a fair market price to get the tree removed and have the shingles underneath replaced.

If I get the tree removed for only $1,000 that's not an issue either way and I'm responsible for the damages, not my mortgage company.


* That's not saying some insurance companies won't try and bully you into doing this or that. I know Geico can get that way. I just remind them, "there are your policies and there is the law."

[stick47]

Well then let's go to a source for their comments:
http://www.autoinsurance.org/will-th...-file-a-claim/

[BBatesokc]

Well then let's go to a source for their comments:
http://www.autoinsurance.org/will-th...-file-a-claim/

Interesting, but its NEVER happened that way with me, my wife's or my son's cars.

We were always given the check to do with what we will.

Which, in the case of my leased vehicle meant I had to keep in in good condition because I returned it a year later. So, it was fixed right away.

I do see where you could have an issue with someone smashing up their car to get a total payout and then walking away from the note. I'm actually trying to find a car now that was involved in a wreck and is being 'hidden' by the other party.

I do find that link - and others like it interesting. Naturally my opinion is based on my experience and my experience has never followed that course. In fact the last car I made payments on I sold damaged just to pay off the note.

[rezman]

My daughter was recently involved in collision where she was hit from behind. The first car rear ended a second vehicle which was launched into my daughters car. The responsible party was with Progressive. They offered us the option to take a check for the amount their adjuster came up with, find our own body shops and bring them the estimates, or use their body shop service. We opted for #3 as we've used their sevice before when my wife's Jeep Liberty was rear ended, and we were very pleased with their service and the repairs. Same with my daughters car. They did a realy nice job. The bumper cover already had some pre existing scratches frome items being put in to and removed from the rear hatch, but that didn't matter. The replaced it, and repaired the hidden damage underneath.