Passenger opens door and the next thing...

[Zigner]

I can say right off the bat that the damages exceed 750 which by law requires you to report any accident that is over this value. Does anyone know what the turn around time is on the adjuster reporting it to the claims department and then to the Dept of Motor Vehicle?

The law states (paraphrasing) that any DRIVER involved in an accident with damage of over $750 to any one party must report the accident.

YOU and the other driver are BOTH required to report this accident. Your insurance company is NOT required to report it.

 

[ecmst12]

First of all OP = Original Poster = you.

Second of all, I would just ignore her requests to "keep it off the books". It's illegal and going to result in a lot more hassle for you.

 

[JennyP410]

Maybe I'm not totally understanding, but here's my opinion...

If she is worried about driving without insurance, but you want to pay the damages out of pocket, why not tell her to take it to the body shop of YOUR CHOICE and get an estimate. Then pay her that amount.

Wouldn't that relieve her from the consequences she faces and you from the accident being reported?

And of course, ask your passenger to pay since they were an idiot to open the door without looking. Good thing it was the door and not him!

 

[Zigner]

Wouldn't that relieve her from the consequences she faces and you from the accident being reported?

No, it would not. The law is clear that this accident MUST be reported to the DMV by the drivers involved.

 

[ecmst12]

And if you are going to offer to pay for someone's damaged out of your pocket instead of going through insurance, you can't force them to go to the shop of YOUR choice for the estimate.

 

[jlam]

Okay so she finally decided to go through insurance and said that her she had insurance lapsed for 30 days and something about the inusrance gave her a grace period? In all the insurance agent told her that everything will be okay.

Phew, thats fine by me but now I get hit with one a point on my record not for my negligence but my passenger's negligence and two there goes my insurance premiums. I wonder if they will evaluate whether or not it is truly my fault since I was not the one who opened the door?

Lastly, now I have to deal with the passenger. What do you think I should do or what steps should I make. Should I go have the car estimated at different shops and give him the avg and ask him to cough up for the damages? I guess how do I politely ask him to pay for the damages without this going to small claims court if he denies to? Or do I really have a choice?

 

[ecmst12]

You can get multiple estimates if you like, or just one if you know the shop is reasonable. If you ask him nicely and he declines, court is your only option. I wouldn't advise sending Vinnie from down the street over to his house or anything like that!

 

[jlam]

Hello everyone...so I called my passenger to let him know nicely that well my insurance said that it was my fault due to my passenger (him who opened the door) for being negligent. He said he felt that it was not his fault but that it was the other car's fault for driving too fast and not being able to stop in time upon him opening the door. Well whatever the case is he said he wanted to talk to my insurance, and for my insurance to call him. I said how about you call my insurance and he said oh he doesnt know when he will be available to make th call and that he is very busy. Finally after a bit of back and forth me justifying the case he finally said okay he woudl call as long as I provide the information. So I sent him an email with all necessary information. I also said over the phone that he can go right ahead and call but if they still deem me for being at fault because of his negligence then I would have to take further measures. I said it would only be fair if you helped pay for my damages. He then said how much and I told him to pay for my deductible. He pretty much went around in circles and pretty much doesnt want to help pay for my deductible. So I said well then go ahead and make the call but if they still say that I am at fault then I will take you to small claims and that was that.

Help...what are some precautionary steps I should take next?

 

[Zigner]

Help...what are some precautionary steps I should take next?

Send a certified letter, return receipt requested with a request (demand) that he reimburse you for any damages. Give him a time period (10 days is probably good) to come up with satisfactory (to you) payment arrangements. If he does not do so, you will need to sue.

Your passenger was responsible - no question about that.

 

[jlam]

So the passenger wanted to give his statement to my insurance company and wanted them to re-evaluate who was at fault for the accident. I went ahead and did all the necessary follow-up (appealed) to see what my insurance would say teh second time around now with more information. As I suspected the insurance still said I was at fault for his negligence. I've emailed him and the results and asked that if he would be interested in coming to some sort of agreement for a payment. Its been 2 days havent heard back from him. I've taken Zigner's advice and sent him the results of the claim from my insurance as well as our last thread of email by certified mail.

My question is I only have his business address is it okay to serve him at that address since I dont know his home address. Also, for the court location should I request to have the court be where the accident took place or the city in which him and I both live in? Can someone give me an idea what its like when we both show up in court? I'm actually alittle nervous since I've never had to sue anyone before and for some reason the court is a bit intimidating to me since you can only speak when its your turn and its not like you can interject when you want to.

Thanks so much...this process just seems so long and tedious as I not only have to file papers, pay for fees and pay an entity to hire a processor so that they can serve him but then have to show up in court, get estimates of the car damages and do research. Sigh...=/

 

[jlam]

I need help/input, please....I emailed and sent by certified mail demanding a settlement for the damages to my car and I didnt hear back from this passenger until about 8 weeks later. Maybe I was too nice to have waited this long but I went ahead and did all the paper work for small claims (did not however file yet as I was out of the country for an extensive amount of time due to family reasons) and now this is what the passenger writes back to me. What should I do? Should I go ahead and file or take him to court? Hes trying to bargain the deductible with me?!?

XXX,

I understand your frustration at having your vehicle damaged by another driver and then having to pay your deductible because your insurance company determined that I was at fault in the accident. But you must understand my position: despite the conclusions of the insurance companies, I did NOT cause that accident and it is totally unjust that I be held accountable. Their conclusion that I opened the door into the other vehicle as it passed is COMPLETELY FALSE. The car door was completely open and I was stepping out BEFORE the other vehicle sideswiped your door. Your insurance company stated that my version of the accident was, based on photos of the other vehicle, “physically improbable,” but it did not say that it was physically impossible. If you insist on taking this to court, I am confident I have the resources to demonstrate that I was not responsible in any way.

While I am sympathetic to your feeling wronged by being burdened with the expense of your auto repairs, I am feeling equally wronged at being asked to pay for them as well, because I know I did nothing wrong. If you insist on taking this to court, I am confident I have the resources to demonstrate that I was not responsible in any way. However, I do not relish the thought of going to court over this and to avoid that I am willing to offer some financial compensation to make this nuisance go away. However, if you are suggesting I pay you your entire $500 deductible, then take whatever steps you feel are warranted. If you are willing to settle for a lesser amount, I am willing to at least consider it.

Sincerely,

The Passenger

 

[MandyD]

That's a question only you can answer. Are you willing to take less? How much less? I really don't think this guy is going to fork over much money at all.

It's too bad he doesn't realize that even if his account of the accident is accurate, he's still 100% at fault. He opened the door into the path of oncoming traffic. He's really not that bright.

If you want the whole amount, and I would if I were you, continue with the court proceedings. Despite his claims, you will prevail.

 

[ecmst12]

You should take the passenger to court. He is totally wrong about not being at fault, and you should not have to pay for his stupidity. If he was stepping out of the car when the door was hit, then HE would have been hit too.

 

[You Are Guilty]

Just sue the dumbass.

No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Kinda makes it tough to win when there's a statute prohibiting exactly what they did

 

[jlam]

So I have already filed for small claims and am going to court in May. Its my first time ever taking anyone to court and was wondering if anyone out there had any suggestions or tips for a newbie like myself as to what to expect in small claims court.

I also wanted to know if it was worthy to ask the driver of the other vehicle to be my witness and if so should I compensate her as my court hearing is in the middle of the day (which means she has to take off work)? Or do I even need her just based on the facts alone and pictures of the damages?

Thanks!