Fender Bender Handled W/o Insurance

[mimirudy]

What is the name of your state? California

Approximately 5 months ago, I was at a dead stop at the entrance to the Golden Gate Bridge. I accidentally took my foot off the brake and rolled into the vehicle in front of me. We finally were able to pull off to the side and assess the damage. When my vehicle bumped into her back plastic bumper, it made two very small holes less than 1/4" resulting from the 2 screws that mount my front license plate to my vehicle. She pointed out all the other scratches on her back bumper, agreeing that they were there prior (note: she had a 5 year old vehicle, mine was brand new 2007), and then pointed out the 2 smalls holes I created, which I agreed. Since this was such a small amount of damage, we agreed to handle this between ourselves and leave the insurance companies out.

We exchanged phone numbers and I told her to obtain 2-3 estimates of what the cost would be to fix the 2 small holes. This was a very friendly, mutual agreement. She advised me she would obtain these estimates within a week or so. She called me a week later to confirm that I still agreed to the plan, which I did, and then stated she would proceed to go and obtain the 3 estimates that week and email them to me.

Within that week, I did some research myself on replacing bumpers or fixing the existing one. The bumper certainly did not need to be replaced as there were only scratches that were done previously along with the 2 holes I just did, but I wanted to get an idea of the costs to repair vs. cost of replacement bumper (which I had a feeling was her goal). I found out from several body shops that since the holes were so small, they could be filled with a putty that hardens very hard and then can be touched up with a little car paint that can be purchased at a Kragens store, etc. with the exact color of the bumper and you wouldn't know the holes were ever there. They expressed to me that they felt a brand new bumper would be radical and not really a necessity.

The other day I received a voice mail from her, 5+ MONTHS AFTER THE INCIDENT, that she has just obtained 3 estimates on the bumper and that the holes are now too unstable to fill and she needs to replace the rear bumper!!

Questions:

#1: Is there a reasonable time limit to get estimates?

#2: Am I liable that the holes were worse because she waited so long?

I am an honest person and I always make good on my promises. I was more than willing to work with her & pay her what my share to fix it was. I can't help but think that the reason she procrastinated 5 months to obtain the estimates, was her intent to stall so the damage would get worse, in which she knew the estimates would suggest to replace the bumper than to fix the holes. I really feel she is trying to take advantage of this whole situation at my expense.

I am not sure how to proceed with this amicably. Any help/suggestions would be greatly appreciated.

[CourtClerk]

Originally Posted by mimirudy

What is the name of your state? California

Approximately 5 months ago, I was at a dead stop at the entrance to the Golden Gate Bridge. I accidentally took my foot off the brake and rolled into the vehicle in front of me. We finally were able to pull off to the side and assess the damage. When my vehicle bumped into her back plastic bumper, it made two very small holes less than 1/4" resulting from the 2 screws that mount my front license plate to my vehicle. She pointed out all the other scratches on her back bumper, agreeing that they were there prior (note: she had a 5 year old vehicle, mine was brand new 2007), and then pointed out the 2 smalls holes I created, which I agreed. Since this was such a small amount of damage, we agreed to handle this between ourselves and leave the insurance companies out.

We exchanged phone numbers and I told her to obtain 2-3 estimates of what the cost would be to fix the 2 small holes. This was a very friendly, mutual agreement. She advised me she would obtain these estimates within a week or so. She called me a week later to confirm that I still agreed to the plan, which I did, and then stated she would proceed to go and obtain the 3 estimates that week and email them to me.

Within that week, I did some research myself on replacing bumpers or fixing the existing one. The bumper certainly did not need to be replaced as there were only scratches that were done previously along with the 2 holes I just did, but I wanted to get an idea of the costs to repair vs. cost of replacement bumper (which I had a feeling was her goal). I found out from several body shops that since the holes were so small, they could be filled with a putty that hardens very hard and then can be touched up with a little car paint that can be purchased at a Kragens store, etc. with the exact color of the bumper and you wouldn't know the holes were ever there. They expressed to me that they felt a brand new bumper would be radical and not really a necessity.

The other day I received a voice mail from her, 5+ MONTHS AFTER THE INCIDENT, that she has just obtained 3 estimates on the bumper and that the holes are now too unstable to fill and she needs to replace the rear bumper!!

Questions:

#1: Is there a reasonable time limit to get estimates?

#2: Am I liable that the holes were worse because she waited so long?

I am an honest person and I always make good on my promises. I was more than willing to work with her & pay her what my share to fix it was. I can't help but think that the reason she procrastinated 5 months to obtain the estimates, was her intent to stall so the damage would get worse, in which she knew the estimates would suggest to replace the bumper than to fix the holes. I really feel she is trying to take advantage of this whole situation at my expense.

I am not sure how to proceed with this amicably. Any help/suggestions would be greatly appreciated.

Time to call your insurance company

[ecmst12]

No, you are not liable because the damage became worse because she failed to mitigate her damages.