• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

In a fender bender without insurance.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Mleicht

Guest
What is the name of your state? What is the name of your state? Wisconsin

Here's how it went down.
My regular car was at home being worked on by myself. I have a truck that doesn't have insurance on it cause it never leaves the yard. I used my truck as a temporary vehicle to drive 8 miles to work. Retuning home from work the truck stalled in the middle of an intersection, the light tuned red, and I backed up to get out of the way. I didn't see any one behind me. Well I backed into a car, My rear bumber scratched his hood. My insuranse didn't denied the claim stating that I cannot own my own temporary vehicle.

The other party sent me a quote from an auto body shop for aprox. $1200. And demanded payment. Feeling I was at fault. I offered to pay the auto body shop directly with a credit card. All of it. He refused and demanded cash, he stated he wouldn't have the car fixed.

I looked up his car in the kelly blue book and the difference between good and fair private party was about $250 The total value about $1200. I offerd $200 cash for the damage.

Now he is sueing for the quoted amount. Do I have an arguement for this?
 


spawn_x

Member
1. it doesn't matter if your vehicle doesn't see the road MOST of the time - you drive it, it has to have insurance.

2. What if he doesn't want to have the damage fixed and keep the money? Is there anything wrong with that? No. I wouldn't want it fixed either, I'd just pocket the cash and go on a vacation..

3. You have no argument. I say pay ASAP before this makes it to the DMV and gets your license suspended.
 
M

Mleicht

Guest
Isn't that fraud? Pocketing the cash? He could take that car to MACCO and have the whole car painted for a couple hundred bucks and it would look better than it did before the accident. I damaged his car, not his not his night life. If he can make me spend money on a service thats not being done, than I feel I'm being let down by the law and insurance industry as whole.

Insurance is not manditory in Wisconsin, (New Hamshire isn't the only state.) When I paid off my car I dropped collision Ins. I took it as my responsability to fix my car in the event of a misshap.

There is a clause in my ins. policy that states it covers "a temporary vehicle not owned by me" But what if I work on my own cars? Not a word about it. I really thought it was covered or I woudn't have driven it. I got a quote to have it insured, and they want more than double my rate. for two cars? I havent tried, but I don't think I can drive more than 1 car at a time.:D

Until now I have only been a spectater to this civil action stuff so I may be a little naive. But I'm pretty sure if it was my car that got scratched I woudn't ask for a dime. I can use that energy for somthing more constructive. Sorry if I started ranting. And thanks for your Advice
 

spawn_x

Member
How is it fraud?

You caused XX amount of damage to him and it costs XX dollars to fix it. You owe him the money for repair, what he does with it is NONE of your concern.

"covers "a temporary vehicle not owned by me" But "

Yes, a temp. vehicle not owned by you, meaning if you drive your friend's car for a day you will be covered.
 

JETX

Senior Member
Spawn, he simply doesn't 'get' it.

Okay, don't pay the guy for the damage you caused. When he gets to court and shows the estimate for the damage YOU caused, he will get a judgment against you. That judgment will then give him additional 'rights' to enforce it. Including the RIGHT to garnish your wages (up to 20% of your net pay in WI), seize your bank account, and also to seize and sell your non-exempt assets at auction to pay the judgment. And guess what.... the judgment in Wisconsin is good for 20 YEARS and accrues interest at 12%!!

So, go ahead. Quibble over these issues where you feel you are right. Then, tell it to the judge. When it is all over, you will be extremely lucky to get out for ONLY $1200!

Do you understand that???
 
M

Mleicht

Guest
Point taken Jetx, I didn't relize that. One more question if I may.
Would the fact that I was willing to pay to have the car fixed, Had he gone that route come into play at all if this would go to court? Reason being the DMV told me that the at fault party is responsible for the repair of damage to the vehicle or the depresiasion in value due to the damage. Or will the judge just ignore that? I know that I owe him some money, and don't dispute that. My concern is that noone involved gets ripped off here, myself first.
 

JETX

Senior Member
"Would the fact that I was willing to pay to have the car fixed, Had he gone that route come into play at all if this would go to court?"
*** No. If he can show that YOU were the cause of his $1200 damages, any offer to settle is not relevant.

"Reason being the DMV told me that the at fault party is responsible for the repair of damage to the vehicle or the depresiasion in value due to the damage."
*** That is an over-simplification of your responsibility. The real fact is.... you are responsible to the other driver/owner for any reasonable damages caused by your actions.
You don't get to define reasonable. It is whatever the estimate(s) show.

"Or will the judge just ignore that?"
*** See above.

"I know that I owe him some money, and don't dispute that. My concern is that noone involved gets ripped off here, myself first."
*** Then, ask him to get two or three separare estimates. After he has given all three to you, offer to pay the lowest one. If you pay, be sure to get a receipt and a SIGNED written release from any further obligation.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top