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CAR ACCIDENT – WHAT ARE MY RIGHTS HERE?



 
 
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  #1  
Old December 3rd 04, 12:55 AM
JEDI
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Default CAR ACCIDENT – WHAT ARE MY RIGHTS HERE?

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!
  #2  
Old December 3rd 04, 01:52 PM
Al Bundy
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Posts: n/a
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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.
  #3  
Old December 3rd 04, 04:46 PM
Mike Romain
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Posts: n/a
Default

He is trying to screw you by blackmail. Blackmail is illegal in most
places.

If you get the police involved, he could maybe end up in jail. He
'should' end up in jail.

Insist on 3 estimates and make the cheque out to the shop only. He has
no right to insist otherwise.

You are at fault for following too close unfortunately. 'If' you get
the police involved and don't think you caused the damage, it can be
checked out pretty easy by comparing the 2 bumpers. 'Could' yours have
hit in that place and caused that shape of dent or damage? If so, then
you have to pay up, if not, I would tell him to screw off and fight it.

My $0.02,

Mike
86/00 CJ7 Laredo, 33x9.5 BFG Muds, 'glass nose to tail in '00
88 Cherokee 235 BFG AT's

JEDI wrote:
>
> 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!

  #4  
Old December 13th 04, 08:35 PM
external usenet poster
 
Posts: n/a
Default

Go through your insurance company. Don't pay cash. Your premiums won't
go up much if any at all. You are 100% at fault.

 




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