Who's At Fault?

[whoisbhs]

What is the name of your state? Connecticut

A few days ago I was given authorization by the owner of the car to drive her car to a specific location. While leaving the drive way I side swiped the back bumper of a truck. I damaged the right rear passenger door and back quarter panel of the car i was given permission to drive. I scuffed the bumper of the other vehicle. I offered to reconcile the situation by offering to pay the insurance deductible ($500). This offer was declined. Instead the owner of the car brought it to an autobody shop for an estimate. She did not want to claim the accident on her insurance due to the fact "it would raise premium." The estimate came out to $860. She told the autobody shop it was "a personal transaction" when i did not agree to that statement. She is now threatening to take me to small claims court to pay for the full $860 when i clearly stated i would pay her insurance deductible of $500.

Who is at fault in this matter? I would like to know if the $860 is my responsibility? Or should i only have to pay $500? Or anything at all? How would a small claims court handle this issue?

Thank you for your time i greatly appreciate it.

[racer72]

Who is at fault in this matter?

Obviously you are.

I would like to know if the $860 is my responsibility?

Yes it is.

Or should i only have to pay $500?

Now you get your lesson in auto insurance 101. If the vehicle owner filed a claim with her insurance company and you did pay the $500, the insurance company is going to try to offset their loss. This means they will come after you for the $360 difference. Plus you can add some attorney and administrative fees too.

Or anything at all?

Google "personal responsibility".

How would a small claims court handle this issue?

99.99% your fault. Besides the the $860, you would also be liable for filing and collection fees and the judgment holder could charge interest on the unpaid balance.


Needless to say, your best option is to pay the $860 and when you do, have the vehicle owner sign a waiver giving up any rights to any future claims for the damage.

[moburkes]

Originally Posted by racer72

Obviously you are.


Yes it is.


Now you get your lesson in auto insurance 101. If the vehicle owner filed a claim with her insurance company and you did pay the $500, the insurance company is going to try to offset their loss. This means they will come after you for the $360 difference. Plus you can add some attorney and administrative fees too.


Google "personal responsibility".


99.99% your fault. Besides the the $860, you would also be liable for filing and collection fees and the judgment holder could charge interest on the unpaid balance.


Needless to say, your best option is to pay the $860 and when you do, have the vehicle owner sign a waiver giving up any rights to any future claims for the damage.

Yep. Only 1 thing to add. Her insurance will not go up, because the accident was not her fault. YOUR insurance will go up at renewal when they order the CLUE report (that is, if the insurance company would have been notified).

[ecmst12]

Op's insurance won't go up if they don't have to pay anything out because of the accident. But he should just pay for the repair, it will be cheaper for him in the long run.

[moburkes]

Originally Posted by ecmst12

Op's insurance won't go up if they don't have to pay anything out because of the accident. But he should just pay for the repair, it will be cheaper for him in the long run.

Not necessarily true. Insurance doesn't go up simply because there is a payout. On not at fault accidents, there could be a payout, but it would not affect the premium. Think about this: you shop for auto insurance. You don't disclose the accident. You get a rate. Then the insurance company verifies your driving record and sees the at fault accident. They didn't pay a dime. But now, the rate is higher.

There are some companies that won't raise your rate, but they aren't a majority.

[CdwJava]

Originally Posted by moburkes

There are some companies that won't raise your rate, but they aren't a majority.

My company didn't raise ours when my wife backed into my MARKED patrol car! She was listed as "at fault" ... though the city was kind enough not to bill us for the damage.

And on a side note - those who are husbands will understand this - my wife tells me it was MY fault that SHE backed into my car.

Yes, dear ...

- Carl

[MandyD]

Originally Posted by CdwJava

And on a side note - those who are husbands will understand this - my wife tells me it was MY fault that SHE backed into my car.

Yes, dear ...

- Carl

Of course it was your fault. Was there ever any doubt?

[moburkes]

Originally Posted by CdwJava

My company didn't raise ours when my wife backed into my MARKED patrol car! She was listed as "at fault" ... though the city was kind enough not to bill us for the damage.

And on a side note - those who are husbands will understand this - my wife tells me it was MY fault that SHE backed into my car.

Yes, dear ...

- Carl

You might be talking about accident waiver in which, if you have been a customer for a number of years (usually 3), then they will not chanrge for the first accident that you have. Some companies have a threshhold befor ehtey charge an accident.

[CdwJava]

Originally Posted by moburkes

You might be talking about accident waiver in which, if you have been a customer for a number of years (usually 3), then they will not chanrge for the first accident that you have. Some companies have a threshhold befor ehtey charge an accident.

It doesn't hurt that we've been customers for 15 years, have all our insurance through the same company (home, auto, fire), and that the city did not ask that we pay them for the door. And the last claims we had on our insurance was more than 5 years ago when my wife got rear-ended ... hmmm ... funny how it's always HER that is involved in a crash! Three in 15 years of marriage - and the only "at fault" one was when she backed into my cop car.

- Carl

[garrula lingua]

Originally Posted by CdwJava

My company didn't raise ours when my wife backed into my MARKED patrol car! She was listed as "at fault" ... though the city was kind enough not to bill us for the damage.

And on a side note - those who are husbands will understand this - my wife tells me it was MY fault that SHE backed into my car.
Yes, dear ... - Carl

And ?????? The problem is ??????? she's absolutely right; you shouldn't sneak up on her that way.

[CdwJava]

Originally Posted by garrula lingua

And ?????? The problem is ??????? she's absolutely right; you shouldn't sneak up on her that way.

Women! I KNEW you'd all stick together!

That'll teach me to be eating lasagna when my wife goes out to move her car!


- Carl