Car insurance - fender bender - can they do this?

[lecach]

At Myrtle Beach last month on our first night there we had just backed out of a parking space but before we could go forward a Chevy Tahoe backed into the bumper of our Camry. Our bumper (plastic) was dented in and the metal above it slightly bent. The driver of the other vehicle admitted she was not paying attention and had been on the phone. Her metal bumper didn't have a scratch or mark on it. Both she and her passenger worked at the restaurant where we were leaving. We got a copy of her insurance and registration and left at the advice of our insurance agent.

We filed with her insurance and they just called. Apparently they determined that the fault is 50/50. They'll pay for half of our damages.....but want US to pay for half of hers which cost $375. Remember - her car didn't have a scratch on it and she admitted complete fault.

If we say never mind can they still make us pay for her car? Should we call the place she works since it happened there? Should we call her? Since we filed the report our cars bumper popped back into place one day when it was in the 90's - I guess the heat made it relax? So at this point we don't even have to have repairs. The bent metal part is not significant enough to worry about.

It's just so ridiculous and unfair that we are the ones to be hit and now we're dealing with this.

 

[Jennasis]

I'd call your insurance agent and let them handle it. They have alawyers and such for stuff like this.

 

[lecach]

We do have a call into our agent but he's gone for the day. We're just so shocked that this is even happening.

 

[DisneyBamaFan]

My FiL was in an accident on July 3rd in which the driver admitted he was at fault (he swerved into my FiL's lane and hit him almost head-on). Somehow a young police officer botched the police report and it was listed as a no fault accident. It took my FiL a few weeks to get the other insurance company to agree to pay, even with the driver telling everyone that it was his fault.

Insurance companies have some unscrupulous employees. Let your agent deal with them...

 

[kidzmom3]

they might have admitted fault to you, but the probably did not to their agent.

 

[DisneyBamaFan]

they might have admitted fault to you, but the probably did not to their agent.

Or their agent could have advised them not to admit fault as there is no police report...

 

[MomofKatie]

The best advice I ever recieved about dealing with auto insurance companies after an accident- ALWAYS get a police report. Even if it is a "minor" fender bender. Even if you are in a hurry. Even if it doesn't look like there is any damage. If, at any time afterward, you need to go to the insurance company with a claim for damages, it is always better to have an impartial record of the incident.

I have known several people that were taken to the cleaners by the drivers of the "other car"- claiming damage not caused by the accident in question, saying they were injured in the accident when they were perfectly fine at the time it happened, even saying there were additional passengers in the car that were injured (when there were no others with them at the time of the accident). In most of these cases, the insurance company settled with the other drivers, and either dramatically increased or outright cancelled my friends' policies- all over little fender benders that they were too busy to report or didn't think were worth reporting to the police. When you don't have a police report, it's your word against the other driver's. And, unfortunately, you can't trust the other guy to be honest.

 

[justhat]

We just had something similar happen. Someone was stopped on the side of a road (a one-way side street) with no flashers/signal on or anythng. I was driving in the next "lane" (unmarked road but wide enough for parked cars on both sides and 2 cars travelling on the road) when the other car decided to back up, swinging the front end of her car into my front end, despite the fact that I stopped my fact and blew the horn. My car had no damage, other than a scratch, hers, well, the whole front bumper came off. Anyway, she got out and apologized, said it was her fault, etc.


We live in Washington, DC and here the police will NOT write up an accident report unless someone was hurt or the accident involved a Metro bus, taxi, or diplomat. But I called them anyway, a policeman came and suddenly her story changed to it no longer being her fault (though she couldn't really blame me, but she was trying). Since there's no report it was my word against hers to the insurance company and since we both have Geico they deemed it no fault and that I pay for my damages, she pays for hers. Since I have none, Geico dropped my claim so it's as though it never happened so my rate will not increase, thank gosh.

But my point was that even though she admitted fault to me initially, she did not when the cop asked and clearly not to the insurance company either. She also lied and told them it was her back bumper (not sure why as she'll need the front one entirely replaced or whatever) so that could have happened with you too. You have no idea what she told her insurance company about it so that it appears to now be your fault.

 

[kirbsam]

just tell your insurance company everything, and let them deal with it.

 

[ksjayhawks]

Always call the police and always take pictures before moving your car at all. Take pictures up close of damage, of their license plate, of her, from away. Always seems to help when they suddenly change their tune!

 

[MrsJackSparrow4Life]

If she was in a parking lot the police probably would not have come even if she did call them (having never been to myrtle beach I do not know the parking setup).

My friend was hit one winter while at the Mall and the police refused to come because it was in a parking lot. She was told to go through Mall security and the insurance companies. Of course this might just apply to my area.

 

[dawson5]

My neighbor's nephew was leaving school, going down the lane properly. A girl was cutting through lanes and plowed into him. She was clearly at fault but her insurance company refused to pay the full amount on the damages, insisted that he was something like 15% at fault. His dad called their insurance company and asked where in the world they came up with this, his son was following the lane markings and she was going through them without looking, they (insurance company) stuck to their "he's partially at fault" stance. He (the dad) has been advised to take them to small claims. The insurance company will try to get out of paying the full amount from what he was told but they won't spend the time or money to defend it in court. This isn't one of the more well known insurance companies, I thinks she (the neighbor) said it was Indiana insurance. I thought he tried to get his insurance company to do something but I don't think they did. I will see her tomorrow and ask what ever became of this. This was the first time I had ever heard of this, thought it was odd.

 

[Piecey]

just tell your insurance company everything, and let them deal with it.

I second/third/fourth/whatever number this.

I hit someone three days before I was going in to be induced for Lucas. In the Kroger parking lot, pulling into a space. She was in her car.
When I got out she laughed and said "Ah, pregnancy hormones, I can understand." or something to that effect.
I gave her my insurance information, we filed a report with the police and I admitted fault and to just call me/my agent and let me know how much it was.

She ended up calling my agent and trying to submit a claim because "I looked young" and she "didn't think I would pay"
Luckily, my insurance agent has known me since I was 18. I was one of her first clients and so she called me and asked what I wanted her to do. She assured the lady it would be taken care of, took care of all the ridiculous amounts of phone calls that needed to take place and
when the lady took her call in my agent faxed the bill from the local Ford dealership to me for the repair, I called them and paid it and everyone was happy.

 

[allison443]

You should contact your insurance company and let them handle it. In my state there are procedures for insurance company to "fight it out".

On the other hand, how neat is it that you have a self-repairing bumper!

Good luck~

 

[manning]

File with your insurance company !!

 

[DebbieB]

just tell your insurance company everything, and let them deal with it.

I work for an insurance company and I agree. Do NOT contact the other driver.