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