Rear Ended

[keeshy2]

My friend here in Virginia was rear-ended last Friday evening by a guy who was in more of a hurry than she was. She was stopped at a stop sign and he didn't stop in time. Damage to her car is all on the bumper (mostly cosmetic - it's not cracked) and his car had NO damage. He gave her his insurance information and they went their separate ways. Her neck & arm hurt Friday night but the pain was gone by Saturday afternoon - she did not go to a doctor. She called his insurance agent Monday morning & was referred to a body shop for estimates. This body shop is 15 miles one-way from her work and 45 miles one-way from her home. Estimate was for less than $250 but will take 3 days due to paint work.
However, this guy has since decided he doesn't want to go through insurance. He refuses to answer the insurance's questions as to what happened and the insurance says they can't do anything without his side of the story. He wants to pay for it out of his own pocket. The way I understand it is he will give her a check for the amount of the estimate.
My question: should she go ahead and accept his offer? Also, if she accepts his offer, can she also charge him for the mileage (60 miles - 30 for estimate & 30 for pickup/dropoff), a rental car for those 3 days, & time off work (around 3 hours total)? Or can she ask to go through insurance due to the pain and possibility that it could cost more than the estimate? She doesn't want to screw the guy but she also doesn't want to get screwed.
Thanks.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Sounds like you should call both the Insurance Commissioner and the Better Business Bureau of your county.

They must pay out because the way the damage is it is obvious it was his fault. His refusal to cooperate may be deemed an admission of guilt. Stay on top of the insurance company for two more phone calls (they must pay for all of those costs you just mentioned). You tell them what they do amounts to insurance bad faith (read about this before you call by going to the freeadvice.com homepage and looking it up.)

Otherwise, contact him and bill him for all those expenditures. If he refuses to pay, one of two things will happen (he will cooperate with insurance company or you take him to small claims court). Either way, you should have no problem getting your money from someone.

Hope this helps.