Auto Insurance Claims: parking bumper crunch, electrical tape, police report

Question
Mr Hixenbaugh:
I was parking my car behind another when I hit their bumper. I was moving at less than 5 miles per hour, as I was simply adjusting the space between our cars. The wife of the car's owner was present at the time and we looked over the damage. Their bumper was already significantly damaged, with duct tape and electrical tape covering a large portion of it. While inspecting the bumper, she pointed out a crack that she claimed wasn't there before.
I gave her my information and let her know that I'd prefer not get the insurance company involved, since the damage didn't look too severe. She agreed.
When she told her husband, he said that he wanted to get a police report to help him with his claim against my insurance company. When the police arrived, they refused to provide a report, claiming that they can't fill out a report   when the damage is clearly less than $500. The police also stated that based on the previous damage to the car, there was no way to tell what damage, if any, I caused.
The owner of the car is claiming that I cracked his bumper, but upon closer examination of the bumper, there is clearly electrical tape at the leading edge of the crack. The edge of the tape is folded down over the edge of the crack, which indicates to me that the crack was already there, because how else could the tape be folded over the edge of the crack if it was new?
He is telling me that he needs to have a whole new bumper put in and is getting an estimate. Seeing as how there is no way to prove the extent of the damage, what are my options?
It seems to me that I shouldn't have to pay for his entire bumper when it was already damaged, but I do want to do the right thing.
Can you suggest a course of action? I have photos of both his car and my car (my car was completely undamaged), which show the condition of his bumper.

Answer
Hi Noel,

You are completely correct. Even though you may have bumped his bumper, the fact that it was already badly damaged and in need of replacement means that you do not owe him anything. Not to sound krass but it's the same thing a shooting a corpse. There is now new damage that you are responsible for.

Its a good thing that you have pictures. If you feel that you want to offer something because you did hit the car, you should tell him to get his estimate and send you a copy. Then write up or find on line (www.nolo.com) or (www.legalzoom.com)a full release form. Offer to pay him 10% to 15% of the repair cost in exchange for a signed full release form. Do not give him any money with out the form being signed. If he is not willing to accept that then let him make a claim to your insurance company. Provide a detailed statement as well as the pictures you have. Your insurance company will then either also make him a small offer or deny the claim do to the prior damage.

I hope this helps
Richard Hixenbaugh