Auto Insurance Claims: Road Hazard, husband states, road hazard

Question
My self-employed husband was driving a load of rocks down the street.  A rock apparently hit the woman's car who was behind him.  She is alleging that the tailgate wasn't swept off (he said it was) and that the rock came off of the truck and hit her car.  She's asking for $700 to repair her car.  She won't turn it into her insurance but is now stating she is going to sue us.  My husband states that the rock came off of the road and it's not his fault.  Also, if she goes to the Magistrate it will be one that is near where she lives and we fear he'll be biased.  Should we just pay up?  Or fight it?

Answer
Hi Carol,

In this case it will likely be cheaper and easier to just pay the lady. Since your husband was actually hauling rocks and he was presumeably facing forward at the time, any judge would likely find in her favor. If it goes to court and our husband looses he may also have to pay court costs not to mention a day off work. I think this one is a payer.

However in exchange for your payment you shoudl have the lady sign a release form. That way she can not come back for more money later if the actual repairs end up costing more or wants you to pay for a rental car during the repairs.

I hope this helps
Richard Hixenbaugh