What Would You Do? (Fender Bender) Update Post #133

[kymom99]

That's why for insurance purposes police reports do not determine fault. I used to use them for things like "insured disputes incident for new business chargeability" in which case I could look at things like citations received and use the diagrams and information contained on the police report.

I could see had the PP's claim gone through a split fault determination made.

I thought the same but didn’t want to argue. I backed out of my driveway into a car parked illegally, right under a no parking sign, where everyone stops to get their mail. It’s directly across from my driveway and it’s a pain. The officer said he noted the no parking sign in his report but told me that the other car was parked and I was moving. Ultimately I needed to be in control of my vehicle. But he didn’t assign fault, he just described the incident.

 

[DLgal]

Unfortunately, that cop was extremely wrong. You are still responsible for the damage to a car that is parked, even illegally. You were liable for the damage to that car. I hope you sent the cop a thank you card!

PS -OP, call your insurance if it makes you feel better but remember they don’t protect you -they protect themselves

Maybe because it was a fire lane? I don't know. It was over 15 years ago. All I know is that the guy drove off and I HAD left a note on the car with my insurance information so he could have contacted them if he wanted, and he never did. The cop explained to him that if there had been a fire, his car would have been damaged when firefighters smashed his window to get to the hydrant he was blocking.

I'm guessing the dent was easily popped out. In any event, the point is, these guys are NOT going to go after OPs insurance, and being afraid to call them *in case* they do is ridiculous. Nothing will happen unless they actually file a claim, which they won't. These guys are scammers.

 

[GAN]

I thought the same but didn’t want to argue. I backed out of my driveway into a car parked illegally, right under a no parking sign, where everyone stops to get their mail. It’s directly across from my driveway and it’s a pain. The officer said he noted the no parking sign in his report but told me that the other car was parked and I was moving. Ultimately I needed to be in control of my vehicle. But he didn’t assign fault, he just described the incident.

This is exactly the way something like that should be handled. I wasn't intending to argue, just wanted to point out that it wasn't handled correctly so that no one else expects the same if it happens to them.

 

[DLgal]

This is exactly the way something like that should be handled. I wasn't intending to argue, just wanted to point out that it wasn't handled correctly so that no one else expects the same if it happens to them.

I was just sharing an anecdote about a situation where I WAS at fault (in my eyes, anyway) and prepared to have my insurance handle it, and then a claim was never filed and my insurance never went up as a result, even though I called and told them what happened.

I know I got lucky with the cop basically telling the guy he was lucky his car wasn't towed or worse. People in our city park illegally ALL the time and maybe this cop had just had enough of it and figured the guy got what he deserved.

 

[Mackenzie Click-Mickelson]

I was just sharing an anecdote about a situation where I WAS at fault (in my eyes, anyway) and prepared to have my insurance handle it, and then a claim was never filed and my insurance never went up as a result, even though I called and told them what happened.

I know I got lucky with the cop basically telling the guy he was lucky his car wasn't towed or worse. People in our city park illegally ALL the time and maybe this cop had just had enough of it and figured the guy got what he deserved.

What you went through doesn't mean someone else would have the same result.

A claim wasn't filed because you didn't turn it in. You really can't speak to would have happened had it been and that is something that is really important when telling your story. You might be singing a different tune for instance had you been found at least partially at fault or even majority at fault (a split fault determination). The exact percentages and would that have affected your insurance is not only determined by the insurance company you're with and how they are filed through the DOI (department of insurance) but also CA's rules on what is considered chargeable losses. So yes you got off scott free but hard to apply that to what the OP (or anyone else is going through). Goes for all of us who tell stories, we may not have had xyz happen to us but another person could. The police officer may have told you you weren't at fault but they aren't the ones who impact the insurance stuff.

 

[tvguy]

If you're claiming OP took on liability to prove their case by admitting liability at the scene, the landscaping employees released OP from that liability when they said "Don't worry about it."
Court costs are generally not attorney's fees. Court costs in the jurisdictions I am aware are generally the filing fee and process serving fees unless the claim is so malicious it needs additional punishment.

I clearly watch too many Judge shows because Judy, Marilyn and the Hot Bench trio hear people say the victim said "Don't Worry about it" all the time and at least in their courtrooms, make it clear that does nothing to relieve someone from liability.
Since the damage is only $900 it would be a small claims case where Lawyers are not allowed, so filing and processing fees are normally what that means, but that can add up to hundreds of dollars.

 

[tvguy]

TVGUy, you already said the OP “shouldn’t handle this themselves”. Why should they counter offer when you already mentioned going through insurance?

I don’t believe the OP should have to spend their time getting estimates from trailer repair shops. The trailer people are responsible to provide a fair and honest invoice, or a receipt.

And if the trailer people were operating fairly and honestly, the OP wouldn’t be in this situation.

I said that because so far OP has not seemed interested in reporting this to their insurance. And that could open a whole can of worms on why there was a delay in reporting it, because most policies require you to report incidents that have the potential.
Why should the OP get other estimates? Because they are questioning the cost, and they have not so far reported it to their insurance. The victim has a legal right to have it repaired where and how they want. The issue is, is that price reasonable? I have no idea what the damage was or what trailer repairs cost.

 

[TipsyTraveler]

Somewhere around 2001/2002 my car sustained minor damage while parked in the lot at my job. A company my employer contracted with opened the door of their company vehicle and it swung into the back door of my car leaving a 2-3” scratch and… a dent? I’m not even positive there was a dent after all these years. What I do remember clearly is that the company said they did not want to go through their insurance and asked that I get an estimate for repair and they would cut me a check to cover it. I took it to the closest repair shop and the estimate was $840! For a scratch! I was outraged on their behalf and took my car elsewhere for a second estimate. That one came in at 900! For a scratch! Twenty years ago! I submitted the estimate and used the money to pay off a credit card because that was a small fortune for me at the time and no way would I spend that kind of money repairing a scratch when clear nail polish is 99 cents.

In other words, a minor repair may in fact cost an exorbitant amount to repair. I know they did the work in house so it probably didn’t cost them $900 to fix it, but that may be the going rate for that repair if they took it in to have it professionally done.

 

[Disturbia]

Somewhere around 2001/2002 my car sustained minor damage while parked in the lot at my job. A company my employer contracted with opened the door of their company vehicle and it swung into the back door of my car leaving a 2-3” scratch and… a dent? I’m not even positive there was a dent after all these years. What I do remember clearly is that the company said they did not want to go through their insurance and asked that I get an estimate for repair and they would cut me a check to cover it. I took it to the closest repair shop and the estimate was $840! For a scratch! I was outraged on their behalf and took my car elsewhere for a second estimate. That one came in at 900! For a scratch! Twenty years ago! I submitted the estimate and used the money to pay off a credit card because that was a small fortune for me at the time and no way would I spend that kind of money repairing a scratch when clear nail polish is 99 cents.

In other words, a minor repair may in fact cost an exorbitant amount to repair. I know they did the work in house so it probably didn’t cost them $900 to fix it, but that may be the going rate for that repair if they took it in to have it professionally done.

That was similar to what happened to my car. The reason is that they have to repaint the entire door. A metal bumper shouldn’t cost that much.

 

[tvguy]

Somewhere around 2001/2002 my car sustained minor damage while parked in the lot at my job. A company my employer contracted with opened the door of their company vehicle and it swung into the back door of my car leaving a 2-3” scratch and… a dent? I’m not even positive there was a dent after all these years. What I do remember clearly is that the company said they did not want to go through their insurance and asked that I get an estimate for repair and they would cut me a check to cover it. I took it to the closest repair shop and the estimate was $840! For a scratch! I was outraged on their behalf and took my car elsewhere for a second estimate. That one came in at 900! For a scratch! Twenty years ago! I submitted the estimate and used the money to pay off a credit card because that was a small fortune for me at the time and no way would I spend that kind of money repairing a scratch when clear nail polish is 99 cents.

In other words, a minor repair may in fact cost an exorbitant amount to repair. I know they did the work in house so it probably didn’t cost them $900 to fix it, but that may be the going rate for that repair if they took it in to have it professionally done.

That has been my experience too. We had a scratch from where my wife hit our mailbox. $1,500 was the low bid from a local independent body shop. Caliber Auto Body, the chain body shop chain wanted $2,500. Some bigger shops have a minimum charge of about $1,000 because they have all the work they can handle with the shortage of new and used cars. People are repairing cars instead of replacing them.
I didn't bring it up because I'm not sure a car body repair can be compared to a trailer repair.

 

[DisneyDebbie]

I just wanted to chime in that I have called my insurance agent at least 3 separate times with an incident that 'might have happened' He advised me and I was able to handle things without getting my insurance involved as I didn't want my rates to go up (unless the damage ended up being too expensive).

 

[tvguy]

I just wanted to chime in that I have called my insurance agent at least 3 separate times with an incident that 'might have happened' He advised me and I was able to handle things without getting my insurance involved as I didn't want my rates to go up (unless the damage ended up being too expensive).

Perfect. So you did technically notify your insurance through their agent, and just chose not to file a claim. There is a difference between reporting an incident and filing a claim.

 

[Pink Partridge]

Hello All! Thank you for your suggestions, stories, and help.

The saga is over and it cost me only $300, which I thought was fair.

I emailed and said I would rather go through my insurance and let them try to obtain a proper itemized bill. Two days later, they emailed back and said they would accept $300 for the actual damage and waive the "in house labor costs".

Thank you for those that suggested I call their bluff with letting insurance handle it. That advice worked very well.

 

[lynxstch]

Hello All! Thank you for your suggestions, stories, and help.

The saga is over and it cost me only $300, which I thought was fair.

I emailed and said I would rather go through my insurance and let them try to obtain a proper itemized bill. Two days later, they emailed back and said they would accept $300 for the actual damage and waive the "in house labor costs".

Thank you for those that suggested I call their bluff with letting insurance handle it. That advice worked very well.

Glad to hear for a happy ending to the story!

 

[sam_gordon]

Hello All! Thank you for your suggestions, stories, and help.

The saga is over and it cost me only $300, which I thought was fair.

I emailed and said I would rather go through my insurance and let them try to obtain a proper itemized bill. Two days later, they emailed back and said they would accept $300 for the actual damage and waive the "in house labor costs".

Thank you for those that suggested I call their bluff with letting insurance handle it. That advice worked very well.

Great news! It might be a good idea to hang on to that email or get something else in writing that you are not responsible for anything further.

 

[Mysterian]

Woohoo!
So glad that you didn't opt to pay that ludicrous $900!

 

[Mysterian]

I said that because so far OP has not seemed interested in reporting this to their insurance. And that could open a whole can of worms on why there was a delay in reporting it, because most policies require you to report incidents that have the potential.
Why should the OP get other estimates? Because they are questioning the cost, and they have not so far reported it to their insurance. The victim has a legal right to have it repaired where and how they want. The issue is, is that price reasonable? I have no idea what the damage was or what trailer repairs cost.

lol