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how do you deal with an unreasonable party?

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afort6314

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What is the name of your state?What is the name of your state? Oklahoma

My 8-year-old daughter hit a neighbor's car in her grandmother's neighborhood. The car was legally parked in the street, facing the appropriate direction. The damage was similar to a door ding with 3 scratches. We agreed to pay and asked him to get some estimates. The owner, a high school senior, called and told my wife that the estimate was $806.00. We felt this was excessive and asked him to get another estimate. He came back with $890.00. He then demanded that we write him a check for $806.00 and bring it to him. I told him that that seemed a little excessive and I needed to do some research. He didn't like this response and it turned ugly. His parents then got on the phone and didn't understand why I wouldn't just drive over and give them a check for $800 without checking anything out myself. I repeatedly stated my desire to repair his car to it's previous condition. But I held firm to the fact that I wouldn't do it without checking it out. I told them that I wanted to do what was fair for them, but also what was fair for my family.

I networked and talked to an insurance adjuster, three men who did body work, including one who worked in the shop of the higher estimate and talked to my wife's uncle, an exec at our insurance company. Everyone of them said that the estimate seemed out of line. I called the owner back. Told them about what I found out and asked them to get another estimate at a particular body shop...a body shop that is recommended by their insurance company. They agreed.

While they were getting the estimate, I contacted the estimators from the other two body shops. One estimator said that he didn't do the actual estimate, rather it was done by a trainee. He looked at the estimate and said that it was a "balls to the wall" estimate. He immediately started eliminating line items and dropped the estimate from $890 to $640. The other body shop wouldn't budge on their estimate. By the way, the owner had already scheduled (and had to cancel whan I wouldn't bring them a check) an appointment to start work on the car today at this body shop. So why would they drop their estimate?

Then I went to the body shop that I suggested, to talk to the estimator. The owner had just left with the estimate. This estimate was $394. Before I even had a chance to leave, the owner's mother comes back with the estimate. She shows the estimator the other estimates and asks him what he is not going to do that the other body shop will do. He assures her the estimates are for the exact same thing, but notices that the other shops are charging more for labor, paint and time estimated. She is asking him a bunch of questions to try to get him to raise the estimate. Once again he assures her that everything would be covered. She looked at me and asked me if I was happy with the estimate. I told her that this estimate was inline with my research. She told us that her insurance company had endorsed this shop and that her insurance agent personally used it when he had the need. She asked them when they could start the work and he said next monday. As we were walking out she asked if I would rent a car for her son. I said that I was pretty sure that no rental car company would allow me to rent a car for him since he is under 25. She said that they knew someone at enterprise who would work around that. I told her that I would have to make some calls. I called...no one will rent to him, nor do I feel comfortable about trying to skirt the rules of a rental car company.

This evening I received a call from her husband. He started off by saying "this is what you are going to do. You will bring a check for $806 dollars over to us..." Every time that I tried to explain that we were willing to have it fixed at the other approved body shop, he would yell, "Shut up and listen." He is screaming cuss words at me, and I am giving him everything back minus the cussing. He went on to say that they didn't care what the other estimates were, they were going to get it fixed where they wanted and I am obligated to pay the cost. I am obligated to pay whatever that cost is. And there is "not a damn thing I can do about it." He threatened to sue me, put a lien on my house, and turn it in to his insurance company who would then come after me. He said that the body shop he wanted to use has an agreement with farmer's insurance where any estimate is automatically approved. I checked this out, and found it to be true.

I then called his insurance agent, a friend of a friend, explained the situation and asked him what to do. He said that it sounded like his client was being unreasonable and said that I probably needed to file this through my home owner's liability policy and let my insurance company deal with his unreasonable client.

I am concerned that if I file this through my homeowner's liability that my rates could go up or I could even have my coverage dropped (I filed a claim on some storm damage 2 years ago). I am also concerned that he is going to go through the shop that doesn't have to get approval from the insurance company, get it fixed at the highest rate and then his insurance company will try to collect the balance from me.

I am in dental school and don't have the time to deal with this. Nor do I have $800 lying around. These people have accused my daughter of doing it on purpose, accused me of not working fast enough (last week when I had a block of tests) and accused me of diabolically working too fast (today when I had a lull in my schedule). I am quickly losing patience with this situation.

My desire, in spite of all this, is to restore the car to it's original condition. I just don't want to pay double the price to have it done. I am not sure what the motivation is behind their actions. Does anyone have any suggestions? Am I stuck? Do I have any other recourse? Is there anything I can do to protect myself without possibly losing my homeowners coverage?

Thanks in advance and sorry this is so long.
 



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