Yes, I Got Hit Again

[FroggerGirl]

What is the name of your state? California.

Some of you may remember me from a week ago, when I was tapped from behind in a parking lot.

If things could get worse at this point, they probably will.

Today I wander out to my car to get a haircut, and I there is a lovely scrape on my rear right lower bumper, and a gouge a little higher up, and the rear right corner light is completely smashed.

Luckily, there is a note on my car witht the person's name and number who hit me on it (Amazing, huh?)

At first he asked me to just get an estimate and not go through insurance. I wanted to be nice since he was nice and left his info on my car. So I get a few estimates, and they are all approx $800.

So now he wants to argue with me about the estimate, it's too high, etc. And he wants to give me an estimate of his own - he insists that he can get it done at an Authorized VW dealer (which is where I got my best estimate) for MUCH cheaper. So I'm thinking to just forget being nice and report it to my insurance and let whatever happen with him and his insurance happen.

Advice? My mom, ever so helpful, thinks I should call and get a police report in case I want to file a claim. I wasn't sure if that was necessary, or even doable as I wasn't in the car when it was hit so how can I really report anything? (if you all think I should, I'd take your advice though)

Should I just stop being nice and just report it? I'm not trying to screw the guy out of money, I have the estimate in writing and the collision place's business card, it's not like I pulled the number out of my butt. This isn't the absolute lowest estimate, but it's not the highest, and it's the shop my dealer uses, as opposed to the VERY SLIGHTLY cheaper one which I wouldn't feel comfortable leaving my car at all, or I'd go with the cheaper one.

I swear, 9 years no accidents, my new car must be cursed.

 

[Lynx 36]

It is your choice as to where you are getting your car fixed not his. I would stop haggling w/ him. Call a claim into his insurance company first. They will probably accept liability and pay the estimate to fix your car. Save the note he left on your car. It is evidence he admitted hitting you. If his insurance company needs the note, make sure you give them a copy only and keep the original f/ yourself, you may need it......see below.

If he refuses to give the name of his insurance company you can:

1. Call the claim into your insurance company and they will fix your car and go after him or his insurance company f/ re-imbursement. If your insurance gets re-imbursed you would also eventually get your deductable back.

2. You could also go down to the courthouse, pay a few bucks and file a small claims action against the person who hit your car. Bring the note from the window and your estimate. Should be cut and dry.

Good luck!

 

[rmet4nzkx]

You are required to report accidents which involve damage over a certain amount, now that you have the estimate, report the accident along with the note admitting fault to your insurance company and any other as directed. You are not obligated to argue with them. They are wanting to pay for this without going through their insurance for a reason.

 

[Lynx 36]

Quote: "You are required to report accidents which involve damage over a certain amount,"

One is not required to report a claim if they don't want to. I, and many of my colleagues have had plenty of our insureds admit to us that they didn't call previous accidents in as the other insurance company took care of their damages. I've also had plenty of claims where our insured tryed to deal w/ the other insurance company and got no satisfaction, then called it in. We never penalized or took any action against them. Why would we? It's less work and resources on our part.

Frogger, call the claim into HIS insurance company FIRST. How do I know this? I'm not an atty, I'm a claims adjustor, I do this f/ a living. Follow the atty's advice and you'll be paying your deductable to get your car fixed. Then have to wait possibly up to a year or more to get it back.

If at any time you feel you need to call it in to your own carrier to get satisfaction you can always do that. I'm just trying to save you from paying your deuctable is all.

 

[rmet4nzkx]

Quote: "You are required to report accidents which involve damage over a certain amount,"

One is not required to report a claim if they don't want to. I, and many of my colleagues have had plenty of our insureds admit to us that they didn't call previous accidents in as the other insurance company took care of their damages. I've also had plenty of claims where our insured tryed to deal w/ the other insurance company and got no satisfaction, then called it in. We never penalized or took any action against them. Why would we? It's less work and resources on our part.

Frogger, call the claim into HIS insurance company FIRST. How do I know this? I'm not an atty, I'm a claims adjustor, I do this f/ a living. Follow the atty's advice and you'll be paying your deductable to get your car fixed. Then have to wait possibly up to a year or more to get it back.

If at any time you feel you need to call it in to your own carrier to get satisfaction you can always do that. I'm just trying to save you from paying your deuctable is all.

Please don't give your profession a bad name by suggesting OP not follow the laws of the State in which they live. How you pervert the laws in the state where you live is something else, but don't do that here!
Under what authority are you falsly citing California where OP lives?
Even though OP is the victim, they are still required to report in the manner I suggested.

20002. (a) The driver of any vehicle involved in an accident
resulting only in damage to any property, including vehicles, shall
immediately stop the vehicle at the nearest location that will not
impede traffic or otherwise jeopardize the safety of other motorists.
Moving the vehicle in accordance with this subdivision does not
affect the question of fault. The driver shall also immediately do
either of the following:
(1) Locate and notify the owner or person in charge of that
property of the name and address of the driver and owner of the
vehicle involved and, upon locating the driver of any other vehicle
involved or the owner or person in charge of any damaged property,
upon being requested, present his or her driver's license, and
vehicle registration, to the other driver, property owner, or person
in charge of that property. The information presented shall include
the current residence address of the driver and of the registered
owner. If the registered owner of an involved vehicle is present at
the scene, he or she shall also, upon request, present his or her
driver's license information, if available, or other valid
identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property
damaged a written notice giving the name and address of the driver
and of the owner of the vehicle involved and a statement of the
circumstances thereof and shall without unnecessary delay notify the
police department of the city wherein the collision occurred or, if
the collision occurred in unincorporated territory, the local
headquarters of the Department of the California Highway Patrol.
...........
(c) Any person failing to comply with all the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by imprisonment in the county jail not exceeding
six months, or by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.

 

[Lynx 36]

Nice try at the insult but I think we are talking about two different things here. So I'll be professional that I am and not insult your profession; even though it's real easy to do, believe me.

You somehow misunderstood my post. I was not suggesting she doesn't call the accident into the local authorities. All accidents should be called into the police. You will never find a post on here where I have remotely suggested otherwise.

I was suggesting she call the claim into the other person's insurance FIRST. If they agree to take care of the damages then she doesn't need to call a claim into her own carrier and pay a deductable. What is so difficult f/ you to understand about this?!

My quote: "Frogger, call the claim into HIS insurance company FIRST. How do I know this? I'm not an atty, I'm a claims adjustor, I do this f/ a living. Follow the atty's advice and you'll be paying your deductable to get your car fixed. Then have to wait possibly up to a year or more to get it back."

How you assumed from this that I meant not to call the accident into police I'll never know. Let the claims adjustors settle claims b/c this is what WE know. If someone has whiplash from a car accident I'm sure they'll call you. Until then stay out of the claims business, you obviously know nothing about giving anyone advice on how to handle a claim.

 

[rmet4nzkx]

Lynx,
Quoteme) "You are required to report accidents which involve damage over a certain amount,"

(Lynx)One is not required to report a claim if they don't want to.

My reference was to the mandatory reporting of accidents required by the DMV, which is the only legal advise that can be given. Failure of the at fault person to report will become an issue and more costly that the repair or other consequences.

What people do to avoid these consequences is not the purpose of this forum.

 

[FroggerGirl]

Thank you for all the information. I have printed out your quote of the CA Law, rmet4nzkx.

I am still a little bit too upset at the moment to act at all rational right now, so as soon as my boyfriend comes home in an hour, I'm going to call the guy, ask him for his insurance information and go from there.

Either way I'm going to report the accident to the police, as I see on your quote that I have to. (I was not aware of that!)

I am just worried as the only information I have about this guy is a first name and cell phone number. So if he refuses to give me info, my only move now is to call that info in to MY insurance, correct? And they can find him from there?

I didn't want to fight with this guy, I just wanted my car fixed, quickly. I start my next semester of college in a week, and now I have to wonder if I'll even have transportation to and from while my car is in the shop.

 

[Lynx 36]

Frogger, sorry about the misunderstanding between met4 and I. We were talking about two separate issues. Definitely call the accident into police.

Quote: "So if he refuses to give me info, my only move now is to call that info in to MY insurance, correct?

Correct. It would be hard to file a small claims charge on someone you have no info. on.

Quote: "And they can find him from there?" You better believe the will find him! All they will need is a cell phone #. They can track him w/ that.

Good luck and Happy New Year. You too met4.

 

[FroggerGirl]

Okay.

Thank you both for all of your help.

Have a great New Year!

 

[rmet4nzkx]

Thank you for all the information. I have printed out your quote of the CA Law, rmet4nzkx.

I am still a little bit too upset at the moment to act at all rational right now, so as soon as my boyfriend comes home in an hour, I'm going to call the guy, ask him for his insurance information and go from there.

Either way I'm going to report the accident to the police, as I see on your quote that I have to. (I was not aware of that!)

I am just worried as the only information I have about this guy is a first name and cell phone number. So if he refuses to give me info, my only move now is to call that info in to MY insurance, correct? And they can find him from there?

I didn't want to fight with this guy, I just wanted my car fixed, quickly. I start my next semester of college in a week, and now I have to wonder if I'll even have transportation to and from while my car is in the shop.

He should have given you his insurance info anyway, perhaps he is uninsured? As I said there is always a reason. Of course, something else to use as leverage. And you will have the law to quote

The question used to be on the drivers test.

Happy new year!

 

[FroggerGirl]

Well, I will be going to fill out police report Monday, as per the woman I spoke to at the non-emergency number.

I have also emailed my insurance company, as nobody is in the office until Monday as well. (I will call Monday just in case)

I have also requested the insurance information from the guy, who informed me that he would "Call me monday and give it to me".

I do not have a good feeling about this at all.

 

[howamidoing]

What is the name of your state? California.

Some of you may remember me from a week ago, when I was tapped from behind in a parking lot.

If things could get worse at this point, they probably will.

Today I wander out to my car to get a haircut, and I there is a lovely scrape on my rear right lower bumper, and a gouge a little higher up, and the rear right corner light is completely smashed.

Luckily, there is a note on my car witht the person's name and number who hit me on it (Amazing, huh?)

At first he asked me to just get an estimate and not go through insurance. I wanted to be nice since he was nice and left his info on my car. So I get a few estimates, and they are all approx $800.

So now he wants to argue with me about the estimate, it's too high, etc. And he wants to give me an estimate of his own - he insists that he can get it done at an Authorized VW dealer (which is where I got my best estimate) for MUCH cheaper. So I'm thinking to just forget being nice and report it to my insurance and let whatever happen with him and his insurance happen.

Advice? My mom, ever so helpful, thinks I should call and get a police report in case I want to file a claim. I wasn't sure if that was necessary, or even doable as I wasn't in the car when it was hit so how can I really report anything? (if you all think I should, I'd take your advice though)

Should I just stop being nice and just report it? I'm not trying to screw the guy out of money, I have the estimate in writing and the collision place's business card, it's not like I pulled the number out of my butt. This isn't the absolute lowest estimate, but it's not the highest, and it's the shop my dealer uses, as opposed to the VERY SLIGHTLY cheaper one which I wouldn't feel comfortable leaving my car at all, or I'd go with the cheaper one.

I swear, 9 years no accidents, my new car must be cursed.

Why were you wandering out to your car to get a haircut? Do you get haircuts there often? Sorry I had a problem with the sentence structure.

 

[FroggerGirl]

My car is extremely talented.

 

[howamidoing]

My car is extremely talented.

Apparently so, although not talented enough to "JUMP" outta the way when careless drivers go by. ...No I wish ya luck this is just my innocent banter.