Neighbor's SUV repair

[smar737]

State = Texas

Before you read... here are my questions:

The only thing that worries me about small claims court is the potential that he hires a lawyer and I have to pay crazy lawyer fees if I lose.

I'm considering sending a letter to him spelling out my offer via certified mail. Bad idea??

Am I legally liable at all--my son was essentially a guest involved in an accident?

I've offed to fix the damage! Can he legally insist on a professional (overkill IMO) solution, denying me an opportunity to fix the scratch myself at 1/10th the cost?

Does his admission that he foresaw the risk of parking there with the kids playing mean much (failure to mitigate damage)?

Now, the saga... ------------------------------------------

My son was playing at an SUV owner's house with a group including owner's two boys. Owner told me he'd considered putting their new trophy SUV in the garage for protection because of all the kids playing in front of his house. He decided not to and left it in the front driveway. My boy accidentally brushed it with his bike, leaving a very thin--but deep--scratch.

Owner said he'd try buffing it. I told him my son would be available to “help.”

Two weeks later, he'd decided not to buff it, and I get an $800+ repair estimate.

I research scratch repair and am confident I can repair it myself for about $60. I offered to try to fix it first, and if we agree my repair is not acceptable, I'd pay for a body shop repair. Owner refused. Said I wouldn't be allowed to "lay a hand on" his trophy -- errr SUV. I recommended a shop for a second estimate should he insist on paying for a “pro” repair on his own (I'd found his estimate was quite high).

He got a second estimate for $630 and notified me. He offered to apply $130 of the repair to his insurance, leaving me to pay $500 deductible.

I still insist on doing the repair myself first. If my repair attempt proves unacceptable, I'd pay all for a “pro” fix. I offered to contribute $250 towards a “pro” repair if he insists on not letting me try. He rejected both offers and got insulting.

He ended that last conversation saying he'd see me in court.

Thanks, all!!

Steve

 

[Zigner]

Either offer to pay the $630 or get ready for court.

 

[dcatz]

Zigner's right.

Take the $500 offer, if it's still on the table. You don't want to take this case to court.

Who gets to decide if your work is "acceptable"? He does, and you are not on good terms so it won't be. Then you will be on worse terms and in court anyway.

 

[moburkes]

I wouldn't do an insurance claim for $130. Your son is responsible for the damage, although dad should have moved the vehicle.

 

[Zigner]

I wouldn't do an insurance claim for $130. Your son is responsible for the damage, although dad should have moved the vehicle.

It's not a $130 insurance claim, it's a $630 insurance claim.

But, let's take the word "bicycle" out of this:

Why should dad have moved the vehicle. His vehicle was legally parked when it was struck by another vehicle.
With that said, our OP should be able to have his deductible refunded from his own insurance company, as they will seek reimbursement from the operator of the other vehicle.

 

[moburkes]

When the total damage is $630, and your deductible is $500, you're filing a claim for reimbursement of $130.

I'm saying that if it was MY trophy car, and a bunch of "rowdy" kids were playing in my driveway, I would have moved my trophy vehicle. Then, I wouldn't have to worry about the what ifs.

No, the OP will not be able to have a deductible refunded from his insurance company. IF he files a claim at all, it will be through his homeowner's insurance company, not his auto insurance company.

 

[Zigner]

No, the OP will not be able to have a deductible refunded from his insurance company. IF he files a claim at all, it will be through his homeowner's insurance company, not his auto insurance company.

Why wouldn't/couldn't he file under the UI/UM portion of his auto insurance?

 

[moburkes]

Why wouldn't/couldn't he file under the UI/UM portion of his auto insurance?

Which he are we talking about? The owner of the vehicle, or the son's father?

I did confuse your earlier post. You were saying that the vehicle owner could get his $500 back.

His vehicle was struck by a bicycle, which is not covered under an auto policy, so there is no reimbursment to seek - not from an insurance company. He can seek reimbursement from the at fault party - the boy. (So, I apologize for misunderstanding that part of the previous post.)

The vehicle owner could, I suppose, file a uninsured motorist property damage claim, 1. if he has the coverage 2. if the little boy isn't insured (which he may not be - under the father's homeowner's policy - if his father doesn't have one). He would, however, likely need to provide his insurance company with a police report first. So, that option doesn't really even make sense.

 

[Zigner]

Which he are we talking about? The owner of the vehicle, or the son's father?

I did confuse your earlier post. You were saying that the vehicle owner could get his $500 back.

His vehicle was struck by a bicycle, which is not covered under an auto policy, so there is no reimbursment to seek - not from an insurance company. He can seek reimbursement from the at fault party - the boy. (So, I apologize for misunderstanding that part of the previous post.)

The vehicle owner could, I suppose, file a uninsured motorist property damage claim, 1. if he has the coverage 2. if the little boy isn't insured (which he may not be - under the father's homeowner's policy - if his father doesn't have one). He would, however, likely need to provide his insurance company with a police report first. So, that option doesn't really even make sense.

Well, to boil it down, I was saying that the owner of the suv could file a claim under his own UI/UM. His deductible should be reimbursed by his insurance company when they recover from the at-fault party

 

[moburkes]

Its not UM/UIM. That pays for bodily injury. You're talking about UMPD, which would likely require a police report. AND, it will require a deductible, although that deductible is less than OPs collision deductible.

And, while we know that the vehicle owner has collision, we don't know that he has UMPD.

 

[Zigner]

Its not UM/UIM. That pays for bodily injury. You're talking about UMPD, which would likely require a police report. AND, it will require a deductible, although that deductible is less than OPs collision deductible.

And, while we know that the vehicle owner has collision, we don't know that he has UMPD.

Fair Enough - but in Texas - (according to my googling) it is considered UI/UM. I'll bow to your knowledge though

 

[moburkes]

Its UM/UIM not UI/UM (that's unemployment insurance/uninsured motorist). And, although I'm licensed in TX, I haven't sold a policy in years, so I'm not sure if UMPD is bundled together with UMPD, but you cannot have UMPD unless you have UM/UIM.

But, he certainly has collision. We do know that.

 

[smar737]

Thanks for the look-over, guys.

My insight on the insurance is, owner's offered to file a claim on his. I reimburse his $500 deductible. I'm fairly sure my homeowner's deductible is $1000, so that's not a player.

Zigner, you advised pay now or "get ready for court." I guess I'm trying to gather info to decide whether to let it go there.

My biggest concern is that TX allows lawyers in small claims cases, and the loser pays. If he gets an attny, I suppose I'm potentially liable for the repair fees PLUS his legal fees. Is there a limit or what could I be opening myself up for there? Don't want to pay for the repair AND pay $1200 in legal fees!!

Thanks,
Steve

 

[moburkes]

Expect for your son, and, you as the guardian, to be sued, or to receive a pre-lawsuit bill directly from his insurance company if he files this $130 claim. When the insurance company sues, it won't be in small claims court.

Your deductible doesn't apply. Your deductible is for personal property, not liaiblity. There is no such thing as a deductible for liability in personal lines.

 

[Zigner]

Zigner, you advised pay now or "get ready for court." I guess I'm trying to gather info to decide whether to let it go there.

Steve -
Why let it go there in the first place? Your son caused the damage. The injured (damaged) party has a reasonable estimate for repairs. It is your responsibility to pay for it. And, it'll teach your son a valuable lesson about taking responsibility for one's own actions to boot!