Neighbor backed into my car

Hi, I live in South Carolina.

My family and I were watching an ambulance across the street and witnessed my neighbor back into my car damaging the quarterpanel and spliting the bumper. It was parked on the street in front of our house. My neighbor left the scene because he was following the ambulance, but returned to apologize and we agreed to settle it. The ambulance driver saw him hit my car and sent his supervisor to alert me of the accident. I got his information and have since gotten a witness statement from the ambulance driver.

I spoke to him a few days later and he said he did not want to file on insurance and asked for an estimate. I went out and got an estimate: approx $1400. I waited a week or so to give him the estimate given the situation with his family and the emergency of that night. I gave him the estimate and he told me it was way too high and he would find someone to look at the car. I went back out and got two more estimates for comparison and gave them to him. To my knowledge he has not looked at them, but after a few days he provided me with the name of a man who had a body shop in his backyard. I checked with my insurance company to validate him and they recommend I not use him because he was a backyard operation. In response, I prepared a letter with all three estimates and the witness statement and a chronology of the events up to that time and essentially demand he provide certified payment in full or his insurance information. It didn't go very well when I gave them to him.

I had a few questions:
1) He blamed me for the accident stating that it wasn't his fault because I was parked on the street and that is not allowed. How could this be possible?

2) He claimed he had a right to choose someone for me to get an estimate from. Does he have this right if he doesn't file on insurance, because I assume if insurance isn't involved, I get to choose where it goes?

3) This guy is not going to budge on this issue and says the estimate should be half of what it is, while the three estimates are within $75-$100 of each other. Is this sufficient enough to not need another estimate? All of these repairshops are reputable and licensed, and the other one is not.

4) Where should I go next if he doesn't provide any information or payment in three days? Does he have grounds against me in court?

Thanks.

1. He is a moron. He backed into you and is at fault.
2. He is a moron. He doesn't get to choose where you get your car fixed.
3. He is a moron. If he can find a legitimate shop that guarantees to do the work that is on your estimates for 1/2 the price, then go for it.
4. Make a claim against his insurance; make a claim on your own insurance and let your carrier go after him reimbursement; or file a small claims action against him.

stephenk said:

1. He is a moron. He backed into you and is at fault.
2. He is a moron. He doesn't get to choose where you get your car fixed.
3. He is a moron. If he can find a legitimate shop that guarantees to do the work that is on your estimates for 1/2 the price, then go for it.
4. Make a claim against his insurance; make a claim on your own insurance and let your carrier go after him reimbursement; or file a small claims action against him.

Click to expand...

Yep, what he said. Especially the "moron" part!

Hi,

I thank you for answering my questions. You pretty much confirmed my thinking as well.

As a more general question, are you aware of any state that has a law that states you cannot park in the street in a neighborhood?

Also, our neighborhood does have a convenat that states you cannot park in the street for more than a certain period of time. It doesn't apply to my case because it is longer than one day and I go to work daily, but do neighborhood covenats have any pull in court?

After I told him I wasn't going to obtain an estimate from the guy he gave me, he is now stating he called the state highway patrol and that we are both liable and he is refusing to pay at all. I was wondering if you could provide your thoughts to this update.

Thanks again!

More than likely, he gave the highway patrol officer he spoke to (if this even happened) a skewed version of what happened. A highway patrol officer is not a judge, and cannot determine who is at fault and whether or not he should have to pay you. Either file a claim through your insurance and let them go after him or file a suit in small claims court.