I had insurance, but it was too new.

[quinton77]

What is the name of your state? OHIO

I was involved in a Fender Bender. I was backing out of a parking spot. I looked both ways and started backing out. A lady drove behind me and i hit her rear door and fender.

We both turned the claims into our insurance companies, abut I had just purchased my policy about an hour earlier, and they denied the claim. Now her insurance company is coming after me for the $1500.

This happened on Private property, and there was no police report filed.
The only witness was a passenger in her vehicle.
This is a small town, and I know that her grandson did the repairs to her car.
The estimate for repair was $200 more than the Blue book on the car.

What if anything can I do?

 

[moburkes]

Where were you? I know you were in the parking lot, but were you leaving the drug store, etc?

 

[quinton77]

I was leaving a check cashing place. The parking lot was for a shopping plaza.

 

[ecmst12]

$1500 for repairs sounds like a bit more than a fender bender to me!

Why they didn't total the car out if the value was so low I don't know, but if they paid for the repairs then you are liable for that amount. Once repairs are started, they have to pay to finish them, they can't just pay for repairs up to the value of the car and then stop. If they're going to total the car, they have to make the decision to do that before repairs are started.

 

[moburkes]

And, how long were you at the check cashing place? And, how did you make the down payment for the insurance policy? And, where is the insurance agency compared to the check cashing place?

 

[quinton77]

I purchased my Insurance Online. I was at the check cashing place for a matter of minutes.

I threw away the receipt without thinking. But my insurance companay refused the claim since i bought the policy the same day I made the claim. So there is no way to make my company pay the claim. I have since switched companies, based on this level of service.

The car was NOT repaired by the shop who did the estimate.

Her insurance company paid her directly, and paid too much, but paid it based on the estimate. It was a SMALL dent, but when you have an EXPENSIVE body shop do the estimate, and using ONLY ORIGINAL OEM PARTS on a 11 year old car......

 

[moburkes]

I purchased my Insurance Online. I was at the check cashing place for a matter of minutes.

I threw away the receipt without thinking. But my insurance companay refused the claim since i bought the policy the same day I made the claim. So there is no way to make my company pay the claim. I have since switched companies, based on this level of service.

The car was NOT repaired by the shop who did the estimate.

Her insurance company paid her directly, and paid too much, but paid it based on the estimate. It was a SMALL dent, but when you have an EXPENSIVE body shop do the estimate, and using ONLY ORIGINAL OEM PARTS on a 11 year old car......

They denied because they thought you were lying, which is a normal reaction because the chance of getting into an accident within 1 hour of purchasing a policy are slim, very slim. What insurance company?

 

[quinton77]

The question is not whether or Not E-SURANCE should or should NOT pay.

The question is ..

"What recourse do I have as the stuck consumer" There is nothing to prove it was her negligence, and I've all but admitted my guilt because I'm a nice guy,and felt guilty. But then this woman took advantage of the situation, got an extremely high estimate, and had her grandson fix the car, and pocketed the money.

What can I do? or should I just hire a lawyer and let them battle it out with her insurance companies lawyers?

but then will it cost me more than $1500.....so at that point I should have just paid it off!?!?!

 

[moburkes]

The question is not whether or Not E-SURANCE should or should NOT pay.

The question is ..

"What recourse do I have as the stuck consumer" There is nothing to prove it was her negligence, and I've all but admitted my guilt because I'm a nice guy,and felt guilty. But then this woman took advantage of the situation, got an extremely high estimate, and had her grandson fix the car, and pocketed the money.

What can I do? or should I just hire a lawyer and let them battle it out with her insurance companies lawyers?

but then will it cost me more than $1500.....so at that point I should have just paid it off!?!?!

You know what: I was TRYING to help you get it paid by the insurance company, one that I am intimately familiar with. But, since you don't want my assistance, I'll bow out of the conversation.

 

[quinton77]

My apologies.

They said they weren't going to pay because I was unable to provide to them proof of my time line. And based on the times and descriptions given by the other party, they felt I was being untruthful.

I don't have any way to prove where I was when.

I apologize I gave up on Esurance a long time ago.

 

[ecmst12]

Her insurance company is coming after you because they want their money back. They paid $1500 so that is what you will have to pay them. If the other driver got to pocket some of that money, great for her, but that's really none of your business. If it was NOT a small town and you didn't know where she got the repairs done, the situation would still be the same.

You admitted your guilt because you're guilty. You were backing up and she was going forward, therefore it's your fault. The reversing driver has the primary responsibility to make sure the way is clear before proceeding. So you're not going to be able to get out of this by claiming you weren't at fault.

Really, you might as well just pay them. You're going to end up having to do it eventually anyway so why drag it out?