Car hit -- how to deal with other driver?

[Saaby]

Without getting into too many specifics, Saaby's Saab was hit in my apartment parking lot Sunday.


First a quick back-story:
6 months ago I hit a truck in my parking lot. I left my contact info with the driver. It did not look like I damaged the truck (I hit the trucks tire with my bumper). The other driver did not file a claim or have any damages on their vehicle repaired. I filed a claim on my insurance, paid my deductible, and had $700 worth of damage repaired.


Sunday I went to get some things from my (Parked) car, and the driver and 2 passengers were looking at my car, because she had just hit it. She was on her way somewhere, I know where she lives, so I let her go and agreed to exchange information the next day.


Monday (Yesterday) we went to exchange information. She was belligerent and verbally abusive towards me for wanting to get my car fixed, since she did not file a claim when I hit her. She wants to settle in cash and have me take my car to the body shop of a family friend. That does not sound like a good deal for me!


I told her I would get an estimate before I filed a claim against her.


Today I called her insurance to see if I needed to make a report within a certain time window, if I ever intended to file a claim, etc. They could not affirmatively find the other owner's policy based on the information I gave them, but thought they found the right policy. I filed a claim, and the adjuster said he would contact the other party.


Now...I am worried that the other driver is going to try and contact me directly, since I agreed to get an estimate first, and I've obviously now got her insurance company involved.


What should I do if she tries to contact me? Should I refuse to answer and refuse to return phone calls, or should I go ahead and just politely tell her that I needed to file a report before anything else happened?

 

[Christoph]

You need to cover yourself that is job #1 Do what you feel needs to be done. If you feel uncomfortable about the way she wants you to do it tell her.You need to cover yourself.Did I mention CYA because no one else will. You can politely tell her what you are doing and leave it at that.You don't owe her anything more than that. imho I am not a pro.
C

 

[Saaby]

Yeah I agree. I guess I feel a little bad that her insurance is now involved, since I told her I'd get an estimate first. I try to be a person of my word, but you're right...I have to look out for myself since nobody else is going to!

I just wish people would take personal responsibility. It seems to be an idea lost on the world.

 

[TedTheLed]

when someone becomes beligerent and abusive with me they at that point forfeit their right to expect cordial treatment from moi.

you say whatever to placate them as you withdraw from the confrontation, then deal with them from afar.

 

[Sgt. LED]

She failed to control her vehicle and damaged your property, don't feel bad about anything.

"She was belligerent and verbally abusive towards me...."

There you go. She knows she's in the wrong here and doesn't want to own up. You did the right, legal, thing and this is why you pay insurance - so they can take care of it, not you.

Kick back and rest easy, refer her to your agent when she calls again! :thumbsup:

If that doesn't appease her you can ask her if she wants to be dragged into civil court.

 

[Big_Ed]

Maybe get a police report as well. The more documentation you have, the better. Take lots of pictures, too: of both vehicles. Protect yourself. You tried to be nice and settle it when she had the time, and she forgot you did her that favor? Hell, if it was me, I'd almost be tempted to tell the police she left the scene of an accident.

 

[vb14]

Regardless whose fault it is, I always call 911 first to get a police report when I'm in this situation. I have a friend who was involved in one, and the other driver said it's ok and not worry about it. Almost a year after, he has a million dollar lawsuit from an "injury" sustained on a "hit-and-run" accident. Always call 911.

 

[vtunderground]

Maybe get a police report as well.

+1

I always call the police, even when the accident is my fault. I'd rather get a ticket than have the other driver make false claims afterwards (it's happened to me before).

 

[f22shift]

Regardless whose fault it is, I always call 911 first to get a police report when I'm in this situation. .

truth.

they always change their minds. and even with a police report you might get screwed if they dont have insurance and the damage is not worth time off work for court.

 

[Diesel_Bomber]

You tried being polite, she did not reciprocate. I wouldn't worry about polite, fair, or nice anymore. Don't speak to her again, only go through insurance people. Call your lawyer if you have one.

+1 to call the police for an accident report. Every single time. If you don't have a camera phone, get a disposable camera and put it in your glove box. As soon as an accident happens start snapping pictures. They're way less likely to run when they see you taking a picture of their damaged vehicle w/ license plate visible.

Good luck. :buddies:

 

[jzmtl]

Heh, around here if you call the cops they ask whether there are any injuries, if no they tell you to **** off. Happened to my parents once when some a hole squeezed pass from behind at line merging point and scraped my parent's car door.

 

[flashfan]

Document everything, and as others have mentioned, photos are crucial, especially if there is transfer of paint, etc. Take a picture of the area, and/or draw a diagram. Names, dates, times, log it all down, including telephone calls. Do it now, while everything is freshest in your memory.

Given that she's belligerent, I wouldn't talk to her, and just politely inform her that all future contact is through her insurer, or yours. By the way, have you contacted your own insurance company? I'm not sure, but I think some states/insurers require notification of your own insurance carrier.

I've been hit a couple of times, and IIRC, my insurance carrier is the one who initially paid to get my car fixed, and then went after the other party for reimbursement (subrogation). Reduces the potential for aggravation and "drama."

As far as offering to try to settle with her first, so you changed your mind. Nothing illegal about that, AFAIK. It's moot at this point anyway, as the insurance company is already involved (assuming that it's the right insurance company/policy).

I'd be concerned that the other driver is going to try to get away. It's your word against hers and possibly her two "witnesses." To protect yourself further, your might want to see if you can find other people in the building who saw the accident. Good luck on working everything out quickly and peacefully.

 

[Saaby]

Thanks for the advice.

I don't want to spill too many of the details here because in the worst case scenario...I doubt this would ever happen...but in the worst case scenario I wouldn't want anything I said here to come back and haunt me.

I also talked to my dad (Now that I'm a grown adult I realize he's pretty dang smart!) and he said that I should be willing to take 1 more phone call from her, and I could use that opportunity to tell her everything else will go through insurance company, especially if she continues to behave rudely.

Fact of the matter is she is more annoyed towards me than rude, it's her friend that is flat out rude.

The very very very first thing I did was drive out of the garage we park in (Poor lighting...guess I coulda brought out a bunch of flashlights eh?) and take some photos.

I'm not terribly worried about her claiming that she didn't hit me. I have the note she left me that says "I hit you."

Still waiting to hear back from her insurance.

I guess yesterday affected me more than I thought though. I have worked with the public a lot, both face-to-face and via phone, I am used to dealing with angry people. I think this is why I was able to remain calm and totally civil last night when I was being verbally assaulted. Still today my phone rang and it was an unknown (to me) number. I answered totally expecting it to be the mother of the girl who hit me, calling to try and manage her daughter's personal affairs you know. It was just a telemarketer, but I was actually physically ill for a minute or 2 after I hung up.


Anyway, just going to play it by ear now. She might try to weasel out of the claim, but I have enough information on her it would be trivial to track her back down. The only piece of information I was missing was the VIN off her truck, and I intend to get that when I go home tonight. (It's an apartment complex with reserved parking).

Lots lots lots more I could say, but that will suffice for now.

 

[Saaby]

Good news, her insurance contacted me today to tell me that they are taking full responsibility. The agent was kind of rude though (I swear I'm not overly sensitive!) that I want to actually have it repaired instead of them just handing me come cash and calling it good. He was pretty sure that they'll just total my car since it's so old and has so many miles. We'll see, I sure hope not.

 

[Empath]

If it costs more to repair than it does to total it, they'll total it.

 

[carbine15]

I was hit by a speeding truck and ticketed with failure to yeild. Her insurance company spent $4200 fixing her $2700 vehicle. When I pointed out the obvious they sent me to a colletion agency that threatened to destroy my credit and take away my house (one that I didn't have). After a long session on the phone they agreed to $1700. I didn't have insurance BTw so that was out of pocket. Insurance companies will do what they can get away with. If it costs $10,000 to fix a $2000 car they will if they think they can get it back.

 

[Diesel_Bomber]

Even if your insurance company totals it you can still "buy it back" for a small fee and pocket the remainder. That's if you can repair the damage yourself for a small amount or can buy a used door from the junkyard and install it yourself or if you can just plain live with the damage.

You'll be driving a salvage title vehicle which will worth a lot less when you go to sell it, but who cares, the insurance company already bought it from you.

Good luck. :buddies:

 

[LowBat]

When it comes to auto accidents just collect the other persons name, insurance company, and policy information. Give it to your insurance company along with your version of the story and let your insurance company deal with it. That's what insurance companies are for. Don't try to make deals as they tend to go sour and become personal.

 

[ackbar]

The agent was kind of rude though (I swear I'm not overly sensitive!)

No reason why you cannot return the favor and be a total PITA to him.

 

[kitelights]

Even if your insurance company totals it you can still "buy it back" for a small fee and pocket the remainder. That's if you can repair the damage yourself for a small amount or can buy a used door from the junkyard and install it yourself or if you can just plain live with the damage.

You'll be driving a salvage title vehicle which will worth a lot less when you go to sell it, but who cares, the insurance company already bought it from you.

Good luck. :buddies:

This scenario does not result in a salvage title. The title never transfers out of his name until he decides to sell it. If he pays the buy back amount to the insurance company (or they deduct it from his settlement check), it has always remained his vehicle.