Auto Insurance Claims: Claiming a no-fault after the fact?, Can I still file a claim?


Question
A month ago my car was hit while parked on the street at a friend's house.  The person who hit it did approach me and was up front, gave me their name and number, and promised to pay for the accident.  The individual refused to provide insurance info. My friend did vouch for the person, and therefore I took him at his word to cover the loss, figuring I had name, address, etc, if I needed any additional recourse.  Since my friend was there, I had an additional witness to his admission of guilt.  Based on the initial estimate, he provided me with cash to cover the cost.  However, upon teardown, the shop has discovered that the repair quoted is insufficient, and an additional $800 in work is required.  The driver who hit the car has refused to pay any more.  Is this a matter I can/should file an insurance claim with?  I was thinking of filing through my insurance company, being up front  with what he has already given me, and let them seek restitution for the damages?  Or is this considered settled since I took cash from the driver and I am out of luck?

Answer
You may have a problem with your insurance company due to you not allowing them to inspect before repairs were started.  If the repairs are not underway, then you should have no problem.

If you are upfront about what has happened, then it should go just as you expect.  Your insurance company should come in and pay for what damage cost remains and will take over pursuit of recovery from the guy refusing to pay for the full damages.

I definitely would not spend $800.00 of my own money if I could help it.  The only risk you run in filing a claim is that they may try and apply a deductible, in which case, your situation may be complicated.  

Are you out of luck? You shouldn't be so long as the damages are still there so your company can inspect.  If you get confused, look us up, we're easy to find.  Information is always free at Petty Details, LLC!