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

[barkley]

I'd turn it over to your insurance. You pay them not only to pay for damage, but to negotiate how much the repair costs.
Of course you will have to pay whatever your deductible is.

i've never had an insurance company charge me a deductible when the damage is entirely on another person's car due to my fault. my deductible applies when i file a claim on damage to my own car/property (and if it's due to someone else being at fault i'm refunded my deductible when they settle the claim with the responsible party or that party's insurance company).

 

[tvguy]

i've never had an insurance company charge me a deductible when the damage is entirely on another person's car due to my fault. my deductible applies when i file a claim on damage to my own car/property (and if it's due to someone else being at fault i'm refunded my deductible when they settle the claim with the responsible party or that party's insurance company).

Knock on wood, I have no experience with that.

 

[Imzadi]

I wouldn't pay it. I wouldn't even talk to my insurance company unless and until they sent an itemized bill AND photos that the trailer has been repaired.

I'd simply wait to see what their next step is. They could be phishing for the money, thinking you will just roll over and pay immediately. Wait until they send something else, then turn it over to insurance.

 

[KayMichigan]

Once they declined help I would have said "OK!" and left. They had their chance and there was no way to know if you had anything to do with the bent rod, it could have been that way for a long time.

Now I would say don't pay it and call your insurance company.

 

[Mackenzie Click-Mickelson]

2) Contact my insurance company, not to file a claim, but to explain the situation and ask for their advice.

One caveat to #2. Make sure you put it your insurance company as a hypothetical situation. Otherwise you’re filing a claim and you don’t want to do that if you don’t have to. (At least that’s how it was put to me when I called about the situation I mentioned) I absolutely would not pay the $900 under any circumstances. What proof would you have that’s the end of it? Your insurance company is there to protect you from this kind of thing. Throw the ball into their court. “I’m not paying that, you’re welcome to contact my insurance.” You have pics and whatnot. You’ll be fine.

All I can give is the experience I have but the insurance company I worked for there was no hypothetical. I as an underwriter speaking with an agent about "is my insured covered" legally could not interpret the policy back (that's what your insurance covers) so all I could do was repeat back what it said even though most was legalise speak. Claims could not give someone an answer either..unless you file a claim. So just be careful because often there's a hard stopping point of where help can't be given until a claim is filed.

Insurance is meant to go to bat for you but they also have to be careful what they say too. Part of my job was knowing I could have been subpoenaed at any point in time for what I did or said. Regulatory reasons as well as if there were any statements I said or things in writing I did.

You would also want to be careful about talking to your agent because they also often cannot go far, only to a point themselves. If they make a mistake they have to go through their own insurance called Errors & Omissions.

 

[Mackenzie Click-Mickelson]

2 months later could be a dishonest person claiming damage when it was not due to you or it could be damage incurred that was more than initially thought of.

In my state you are legally required to exchange personal information including insurance information so a phone number and name is not enough even if the vehicle is unattended more information is supposed to be given. One time my mother-in-law was hit by a commercial vehicle who refused to give insurance information, she made complaints to the insurance commission and eventually got the information. This obviously depend on state laws.

I would turn this to your insurance company and let them handle it. They can investigate if the damage appears to be from a prior or subsequent accident/incident, they'll likely want proof of the costs in further detail. If they are dishonest people a call from your insurance company may make them back off

 

[Mackenzie Click-Mickelson]

Knock on wood, I have no experience with that.

Your deductible is about your vehicle so a deductible to fix someone else's vehicle is not applicable.

 

[tvguy]

Your deductible is about your vehicle so a deductible to fix someone else's vehicle is not applicable.

Only incident I had was my daughter about 13 years ago rear ended a car. Turned it into insurance. Nothing for our car as there was no collision insurance on it. And ultimately the owner the car she hit declined my insurance company's offer because it would have totaled his car out. I felt sorry for him because, while his car was older, it had a new engine, transmission and tired. But the actual cash value of his car according to my insurance was like $1,000 and his insurance told him that was more than they would have valued the car at. So he decided to keep it, avoid having to get a salvage title, and just drive with a small dent in it. Fortunately no injuries, so no medical bills.

 

[Mackenzie Click-Mickelson]

Only incident I had was my daughter about 13 years ago rear ended a car. Turned it into insurance. Nothing for our car as there was no collision insurance on it. And ultimately the owner the car she hit declined my insurance company's offer because it would have totaled his car out. I felt sorry for him because, while his car was older, it had a new engine, transmission and tired. But the actual cash value of his car according to my insurance was like $1,000 and his insurance told him that was more than they would have valued the car at. So he decided to keep it, avoid having to get a salvage title, and just drive with a small dent in it. Fortunately no injuries, so no medical bills.

Which may be why you didn't realize what you were saying about the OP paying a deductible.

If there is damage to the OP's vehicle that she wants repaired (and it's over her deductible) then she'll pay her deductible but she won't pay her deductible to fix someone else's vehicle. That is your liability part of your insurance (like BI/PD).

 

[Denise W]

I'd turn it over to your insurance. You pay them not only to pay for damage, but to negotiate how much the repair costs.
Of course you will have to pay whatever your deductible is.

No deductible applies on a liability claim, only on damage to your own car.

 

[firefly_ris]

Personally I would ignore it. If they come back later then take it up with the insurance company. But I definitely would not just up and pay it. Sound like scam artists to me.

 

[Mysterian]

Ug! That really steams my beans- pardon my French. They are scamming you hard.

The trailer was makeshift. Wooden. Perhaps homemade. I went to the yard to tell the two guys doing work. We inspected the trailer and did see a metal rod was bent. Did I do it? Did they do it prior? I don't know. It looked like something my husband could fix in a jiffy.
……

I am 100% at fault for the bent rod.

Per your own description, can you say for certain that this damage wasn’t preexisting? He can’t even provide proof that this was repaired, and he likely can’t provide have any proof that you even damaged it to begin with. You might even spot this trailer tomorrow with the rod still bent.

Why would trailer guy mention going through insurance after already issuing an invoice? I’m sure he was just hoping you’d pay and be done with it, knowing an insurance company isn’t going to reward him $900 for a rickety thing.

If you do contact your insurance company, I’m curious to find out what they say about your photos of this trailer. Hopefully this trailer guy isn’t the type to risk scamming the insurance company by providing photos of a different dinged-up trailer in his possession.

 

[tvguy]

Ug! That really steams my beans- pardon my French. They are scamming you hard.

Per your own description, can you say for certain that this damage wasn’t preexisting? He can’t even provide proof that this was repaired, and he likely can’t provide have any proof that you even damaged it to begin with. You might even spot this trailer tomorrow with the rod still bent.

Why would trailer guy mention going through insurance after already issuing an invoice? I’m sure he was just hoping you’d pay and be done with it, knowing an insurance company isn’t going to reward him $900 for a rickety thing.

If you do contact your insurance company, I’m curious to find out what they say about your photos of this trailer. Hopefully this trailer guy isn’t the type to risk scamming the insurance company by providing photos of a different dinged-up trailer in his possession.

OP has a problem. They can't prove this was pre-existing, and they did hit the trailer. Let the insurance handle it. Handling it themselves would cost them more than the $900.

 

[Mysterian]

OP has a problem. They can't prove this was pre-existing, and they did hit the trailer. Let the insurance handle it. Handling it themselves would cost them more than the $900.

What exactly are you implying involves ”handling it themselves”? What actions?

Where did I advise them on something that “would cost more than $900?”

 

[tvguy]

What exactly are you implying involves ”handling it themselves”? What actions?

Where did I advise them on something that “would cost more than $900?”

What exactly are you implying involves ”handling it themselves”? What actions?

Where did I advise them on something that “would cost more than $900?”

Handling it themselves by paying out of pocket and not filing an insurance claim.
The risk is by not taking some action they could face legal action and that easily could cost more than $900 to defend. The person has the legal right to have it repaired where they want. And they could also be hitting the OP for lost use, which is entirely reasonable since it was a piece of business equipment. It isn't their fault the situation exists. I have no idea without pictures whether $900 is unreasonable. Looking at craigslist homemade utility trailers are listed for thousands of dollars.

 

[Mysterian]

Handling it themselves by paying out of pocket and not filing an insurance claim.

I said head on that they were scamming. In turn, I never advised OP to pay them the $900.

Show the sentence where I told OP to pay $900, despite my referring to the trailer folk as “scamming.”

The risk is by not taking some action they could face legal action and that easily could cost more than $900 to defend. The person has the legal right to have it repaired where they want.

I never said they shouldn’t go through their insurance company. I said if they do, I’m wondering what the insurance company’s view of this trailer is, given OP’s description of it.

Where did I advise them not to go through their insurance company?

 

[Mackenzie Click-Mickelson]

I’m curious to find out what they say about your photos of this trailer.

I would assume they will want an independent inspector to look at it, either by the insurance company themselves if they can physically send out a claims adjuster who can look at the trailer or an inspection from mechanic shops. A mechanic the landscape company employs or even they themselves uses isn't a very unbiased opinion but who knows if the insurance company would just pay it and move on.

I know when I was in my accident (rear-ended) I took it to an authorized body shop (which was a dealership in my case but there were other choices) and the claims adjuster looked all around my car, the bumper (which sustained the most damage), under the bumper, etc. looking at damage and to see if he could at least eye ball pre-existing damage.

 

[tvguy]

I said head on that they were scamming. In turn, I never advised OP to pay them the $900.

Show the sentence where I told OP to pay $900, despite my referring to the trailer folk as “scamming.”


I never said they shouldn’t go through their insurance company. I said if they do, I’m wondering what the insurance company’s view of this trailer is, given OP’s description of it.

Where did I advise them not to go through their insurance company?

Yes, the should go through insurance. I have no idea if they are scamming. No idea what trailer repairs cost. I suspect for only $900 the insurance will pay it and move on. Lucky it was a trailer and not a car because a repair to a car probably would be at least twice that.

 

[wenrob]

Handling it themselves by paying out of pocket and not filing an insurance claim.
The risk is by not taking some action they could face legal action and that easily could cost more than $900 to defend. The person has the legal right to have it repaired where they want. And they could also be hitting the OP for lost use, which is entirely reasonable since it was a piece of business equipment. It isn't their fault the situation exists. I have no idea without pictures whether $900 is unreasonable. Looking at craigslist homemade utility trailers are listed for thousands of dollars.

To my understanding all these people have is the OP’s name and phone number. There’s no proof on their end the OP did anything. What could come out of all this is… nothing. They claim to have already “fixed” it so there’s nothing to assess by the insurance company. Call me crazy but as far as I know insurance companies don’t just go paying claims willy nilly on someone’s say so. In my experience they want to inspect the damage themselves and in this case there isn’t damage anymore. The OP could block their number and that would pretty much be the end of it. That’s not what I’m suggesting the OP does, they have to make that decision themselves but at the end of the day all they really have is he said/she said.

 

[Mysterian]

I would assume they will want an independent inspector to look at it, either by the insurance company themselves if they can physically send out a claims adjuster who can look at the trailer or an inspection from mechanic shops. A mechanic the landscape company employs or even they themselves uses isn't a very unbiased opinion but who knows if the insurance company would just pay it and move on.

I know when I was in my accident (rear-ended) I took it to an authorized body shop (which was a dealership in my case but there were other choices) and the claims adjuster looked all around my car, the bumper (which sustained the most damage), under the bumper, etc. looking at damage and to see if he could at least eye ball pre-existing damage.

Exactly what happened to my car, after I got T-boned. It was all by-the-book per my insurance company’s instructions. Completely seamless operation, if I do say so!