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Old December 3rd 04, 12:52 PM
Al Bundy
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(JEDI) wrote in message . com>...
> CAR ACCIDENT ? WHAT ARE MY RIGHTS HERE?
>
> About two weeks ago, my car hit the rear bumper of another Honda car
> in front in another city when he stops suddenly, because of another
> car in front of him stopped suddenly.
>
> My car's front bumper hit his rear bumper. On his rear bumper, there
> were two similar scratches/slight dents ? one on left, and one on
> right, of the rear PLASTIC bumper. He said the right scratch/dent was
> his in a previous car accident. He said the left scratch/dent was
> caused by my car hit. My front bumper had no scratch/dent after the
> accident.
>
> After we exchanged insurance info, he told me that he would repair
> LEFT scratch/dent, and the repair would cost about $50. (In my view,
> those two scratches/dents can be fixed in about $20 if done
> personally). However, a week later, he faxed me ONE and only estimate
> from a Honda dealership estimating the repair cost to be $400. The
> $400 repair cost is to replace the WHOLE bumper.
>
> While I am willing to pay for half of $400 (for the left side of the
> scratch/dent), he is threatening to go to his insurance company if I
> do not pay the $400 to replace his whole bumper. He said that his
> action to approach his insurance company would increase my car
> insurance premium in the future.
>
>
> QUESTIONS:
>
> 1) Am I the only one at fault and need to pay his damage, getting to
> close, although he stopped suddenly?
>
> 2) Can he just show one repair estimate (which may be the highest in
> all estimates), instead of say three repair estimates (for the lowest)
> which he agreed first at first and then decided not to get more
> estimates?
>
> 3) He wants me to write him a cheque of $400 payable to him
> personally. Do I have to pay him personally, instead of paying to the
> Honda dealer repair shop? I suspect that, based on the slight
> scratches/dents, he might just pocket the money himself without
> getting the bumper repaired.
>
> 4) Can he insist on me paying for $400 for the whole bumper repaired?
> If he goes to his insurance company, is my insurance company required
> to pay $400?
>
> 5) If my insurance company is involved, do I (customer) generally have
> an option paying for the damage, and thus (I hope) would not increase
> my insurance premium in the future?
>
> Any advice and comments would be greatly and urgently appreciated!


As the car that did the hitting from the read I believe you are
responsible just about any place around. However, it sure looks like
the man is trying to rip you off so he can picket the change. He
didn't get the scratch on the right fixed before did he? The $400
price is probably a good dealer estimate. Your insurance company would
probably pay rather than screw around.
I'm not telling you what to do. However, was a police report made?
Does he have witnesses to the accident. Remember, the car he rear
ended did not witness you hitting the man in the middle. Can he prove
that YOU did the scratch on the left? Do you KNOW that you did the
scratch on the left? Maybe you did not scratch his bumper. If you pay
this man money will he still call your insurance company later?
I think some people would just walk away.
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