Can you file a claim after repair has been attempted?

[unliable]

What is the name of your state (only U.S. law)? New York

My car was parked and I was hit. The other driver is a friend and has admitted fault. However I gave him the option of trying to repair the vehicle without filing a claim. It turns out he didn't use a professional and the work came back very bad and completely noticeable. Now at this point I would like to go though insurance. I have pictures of the original wreck and he still admits fault. Is this possible? its only been 3 weeks

 

[HighwayMan]

Contact your insurance company ASAP.

If your friend hit a parked car then it's obviously his fault. Who else would be at fault?

 

[edwardgersowitz]

What is the name of your state (only U.S. law)? New York

My car was parked and I was hit. The other driver is a friend and has admitted fault. However I gave him the option of trying to repair the vehicle without filing a claim. It turns out he didn't use a professional and the work came back very bad and completely noticeable. Now at this point I would like to go though insurance. I have pictures of the original wreck and he still admits fault. Is this possible? its only been 3 weeks

It is really hard to get any claim because you did not reported the incident to insurance company. I guess you can contact your auto insurance company and speak to them about the possibility of any claim.

 

[Matrafajlo]

I think, you need to contact with your auto insurance company and speak to them about the possibility of any claim.

 

[latigo]

What is the name of your state (only U.S. law)? New York

My car was parked and I was hit. The other driver is a friend and has admitted fault. However I gave him the option of trying to repair the vehicle without filing a claim. It turns out he didn't use a professional and the work came back very bad and completely noticeable. Now at this point I would like to go though insurance. I have pictures of the original wreck and he still admits fault. Is this possible? its only been 3 weeks

In doing so you will have some serious problems.

The biggest being that your agreement to allow the friend to make the repairs forecloses you of suing him in tort. It constituted a waiver of your legal right to sue on the grounds that his negligence caused the loss. And you could not sue his liability insurance carrier under any circumstances. Why?

Because all liability polices are drawn as indemnity agreements, which state that the insurer's sole responsibility is to pay on behalf of its insured any judgment that might be obtained against the insured. (Which is why you can't sue the company directly.) And since you cannot get a judgment against its insured in tort due to having waived that right, his liability coverage does not kick in.

What you could do is to sue him for breach of the agreement that he fix the car. But in view of no written specifications as to how the repair was to be performed (in a good workman like manner, quality of material, etc.) winning is so highly problematical as to be a futile effort.