Help me oppo! Legal advice needed...

Kinja'd!!! by "themanwithsauce - has as many vehicles as job titles" (themanwithsauce)
Published 09/15/2017 at 13:59

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STARS: 0


Well I dun fucked it up....Had a very minor, 1mph tap with someone at a light. They pulled into the lane but didn’t go and I tried to follow. Oops -_-. Didn’t look bad on my part, and it’s now just a black scratch on my car. Apparently this caused all sorts of hell with the escape I tapped on. Now they’re throwing an almost 1000$ repair bill at me. This includes damage like a misaligned liftgate and trim. I find it hard to believe that my car caused all this supposed damage. There was no police report and neither insurance company was contacted yet.

However, and this is where the true fuck up was, I admitted fault on the scene. Yeeeeeeepppp. I did the thing you weren’t supposed to do. She is insistent that I pay up and I don’t know how to fight it without also impacting my driving record. I don’t know if insurance will pay out for it without a police report. But I also know on a police report she’s going to deny and whine and it’s going to be a legal battle I don’t want to spend the time on. Do I just cut the check and walk away? What do I do?

Update - I filed through insurance. I have accident forgiveness so there’s no increase on my rates and I enrolled in a program where every “clean” 6-month period I have, they reduce the deductible for any claims. They’re going to handle it for me and I agree with others - their own adjuster will decide what’s going on and in any event, she/her insurance will be dealing with the faceless and impartial corporate overlords so that’s that.


Replies (21)

Kinja'd!!! "benjrblant" (benjblant)
09/15/2017 at 14:08, STARS: 0

If you personally know its your fault, you have the money, and its under $1k, I’d say you got off relatively easy. I’d pay for it if possible. The alternatives (insurance, legal battle, lost time) seem like they could exceed $1k in a heartbeat. Just my opinion- no legal experience.

Kinja'd!!! "Smallbear wants a modern Syclone, local Maple Leafs spammer" (smallbear94)
09/15/2017 at 14:09, STARS: 0

I don’t know how you’re going to get out of it, but that’s bullshit. If all you got out of it was a scratch, the problems were either already there or they’ve had another accident since.

Kinja'd!!! "Shamoononon drives like a farmer" (shamoononon)
09/15/2017 at 14:10, STARS: 3

I would let the insurance companies argue it out. Who cares what you told her. 1000$ dollars for a tap? She didn’t contact her insurance company either so there’s that.

Note: I’m older so I tend to do everything the legal lawyer type way. But it is possible that even if you pay her she could come back for more.

Kinja'd!!! "Bigjohn428" (bigjohn428)
09/15/2017 at 14:11, STARS: 0

You should have taken photos of both cars and other person after the “bump”. I would not pay anything without at least 2 independent quotes. Then see if you can throw half at her to go away. Also not a lawyer.

Kinja'd!!! "themanwithsauce - has as many vehicles as job titles" (themanwithsauce)
09/15/2017 at 14:11, STARS: 0

It’s a solid 50/50 on fault. she was half into traffic but stopped for some reason. Like she was way past the light making a right turn. She was in my A-pillar blind spot. But given how minor this is, I agree that at some point this isn’t a fight worth having.

Kinja'd!!! "Mercedes Streeter" (smart)
09/15/2017 at 14:13, STARS: 2

Neither of you contacted your insurance companies so as far as you know that damage could have happened after the fact. I cast a vote for letting the insurance companies fight it out.

Kinja'd!!! "Cash Rewards" (cashrewards)
09/15/2017 at 14:14, STARS: 0

What’s your deductible? Do the math from there. Say it’s five hundred, and as a result it goes up 50 dollars a year. You’re looking at ten years before you come out behind. I’d call insurance and see if they could give you an idea of what the increase in rate would be.

Kinja'd!!! "Chariotoflove" (chariotoflove)
09/15/2017 at 14:14, STARS: 4

You have to contact your insurance company anyway, as part of your contract. So, do it. Tell them this story. They will decide whether to pay out or if it looks like a trap. They will have designated estimators that they can use to determine that. Do not just hand this person $1,000 to make her go away. If she knows she’s in the right, then she would have contacted her insurance company right away.

Kinja'd!!! "benjrblant" (benjblant)
09/15/2017 at 14:17, STARS: 0

So it’s 50/50, but there’s no accident report, no documentation of damages, no insurance claims or paperwork. You could probably make a valid argument that you’re not at fault and win, but the time and money for the legalities and paperwork sounds like >$1k. I’d accept it as a $1k lesson, pay out, and be sure to run the next incident by the books . JMHO.

Kinja'd!!! "Bytemite" (bytemite)
09/15/2017 at 14:19, STARS: 4

Insurance dude. They’ll look at the damage to your car and theirs and compare and only pay out a tiny bit. They have people who get paid to do this and save them money. You might get an increase in premium by a couple bucks at best.

Kinja'd!!! "benjrblant" (benjblant)
09/15/2017 at 14:19, STARS: 1

Then again, Chariotoflove makes a good argument, and this is why we have/pay for insurance.

http://oppositelock.kinja.com/1815555635

Kinja'd!!! "Aaron M - MasoFiST" (amarks563)
09/15/2017 at 14:22, STARS: 5

If no one contacted their insurance, and there’s no police report... how did you admit fault on the scene?

I had someone try and pull that on me after hitting me while I was riding a bicycle. I told him to fuck off.

If they have your contact info, tell them to call you back once there’s a police report filed. Cooperate, but offer no other information to anyone other than the police or your insurance company. And if someone brings up the fault nonsense again, say you were under stress due to the situation. If you didn’t admit fault to the police or an insurance company it really doesn’t matter.

And do not give the person money without an insurance adjuster getting involved. A verbal apology or “admission of fault” may not hold much water, but a cancelled check is a de facto contract.

Kinja'd!!! "DipodomysDeserti" (dipodomysdeserti)
09/15/2017 at 14:24, STARS: 2

That’s not 50/50. It doesn’t matter why she stopped (unless she brake checked you), failure to avoid hitting someone in the back is 100% on you.

If you don’t want your rates to go up as a result of a claim, then I’d see if she will take $700-800.

Kinja'd!!! "Rust and Dust - Oppositelock Forever" (rustanddust)
09/15/2017 at 14:27, STARS: 1

!!! UNKNOWN CONTENT TYPE !!!

Hate to tell you, but it’s still your fault. If she stopped and you couldn’t, you were following too close or failing to maintain control in the eyes of the law.

Have a copy of the repair estimate for the Escape, or did they just give you a price? Feel free to link the estimate here if you’ve got a copy (even better if you’ve got photos of the Escape). I’ll take a look and see if there’s anything that’s procedurally frivolous.

Kinja'd!!! "fhrblig" (fhrblig)
09/15/2017 at 14:35, STARS: 0

Add me to the ‘insurance’ chorus. That’s what you have it for.

Kinja'd!!! "shop-teacher" (shop-teacher)
09/15/2017 at 14:57, STARS: 0

I hate to break it to you, but it is your fault. I’ve done the exact same thing you did. It’s on you to see that she stopped, and then come to a stop. Sucks, but that’s life sometimes. Cost me $1600 (I hit a new Saab). I got the repair estimate and had it checked by another shop, and it was legit. I elected to pay out of pocket instead of make a claim.

I would recommend you get the actual body shop estimate and have it checked by a shop you trust. If it turns out there is $1000 damage, then you have to decide if it’s worth making a claim over whatever the difference between your deductible and the payout would be.

Kinja'd!!! "Rico" (ricorich)
09/15/2017 at 14:59, STARS: 2

And do not give the person money without an insurance adjuster getting involved.

My neighbor had a minor accident and the person agreed that $400 at the scene should cover it. After withdrawing the money and giving it to the lady he thought the whole thing was over. 2 days later his insurance was calling him saying that the lady filed a claim against him.

Kinja'd!!! "themanwithsauce - has as many vehicles as job titles" (themanwithsauce)
09/15/2017 at 15:11, STARS: 0

see update.

Kinja'd!!! "themanwithsauce - has as many vehicles as job titles" (themanwithsauce)
09/15/2017 at 15:11, STARS: 0

Yep. Just did that when I found out my rates won’t go up.

Kinja'd!!! "themanwithsauce - has as many vehicles as job titles" (themanwithsauce)
09/15/2017 at 15:13, STARS: 1

THanks to my driving record, I have accident forgiveness and a reduced deductible. No rate increase and very little pain. Decided to file with insurance and settle it out.

Kinja'd!!! "Cash Rewards" (cashrewards)
09/15/2017 at 15:26, STARS: 0

Sounds like the best option. My mother in law hit a car recently (her other son-in-law’s mother’s car.... oops) and we had the same conversation. People are afraid of using insurance and having rates go up, but that’s what it’s for. By the time any rate increase equals the cost of repairs, you’re years away.