QuestionWhile backing out of the driveway of my mother in law's place (a condo corp
considered as private property) I backed into another car that was parked in
the visitors parking space. As it turned out the car that was parked was that
of a resident of the complex parked in the designated visitors parking space.
Non the less, there is damage to his car. I have offered to pay for the
damages to his car rather than go through the insurance company. To which
he agreed.
It turns out the owner's wife took the car for an estimate to the automotive
dealership for a quote and came back to me with a quote for $1,800 and
added her comment that I hit the wrong car, the car I hit is a lexus and it
costs $400 for a simple oil change to the car. Therefore repairs are not going
to be cheap.
I requested that they obtain a second opinion and provided them with the
name of a reputable company that is also recognized by the insurance
industry for a quote. Rectulantly, they took the car over and was given a
quote of $500 - a huge difference from the $1,800 quote she had originally
given me.
My question is this. Can the owners of the car I hit decide on their own what
facility they want the car fixed even if I am paying? I would rather them take
the car to be repaird at the facility I suggested not only for the obvious
reason of a lower cost, but also because I know that I am not just paying for
something for the sake of paying for it. -
Also, the wife has suggested that if we don't pay then they will file a claim
with the insurance company. I have not provided them with any of my
insurance information since we agreed that I would pay for the damages.
I just don't think that they should go out and pick where the car should be
fixed if I am the one paying for the damages, Apparently, they obtained
several quotes but only presented me with one. - most likely the most
expensive one too. (I linve in the province of Ontatio, Canada)
AnswerHi Jennifer,
Well, I don't have very good news for you. First, it makes no difference if the owner parked in the wrong place, it is up to you to exercise due care and caution.
Second, it is usually the choice of the victim as to where to take the car. And of course we all know that the dealerships are going to charge more for body work. Here are pages with information on auto accidents and repair work.
Auto Accident First Steps: Report to Insurance? Choose Collision Repair http://www.settlementcentral.com/page0458.htm
Auto Accident Collision Repair Shops & Insurance Adjuster http://www.settlementcentral.com/page0456.htm
I would just as soon see you report it to your insurance. Your rates will not go up $2,000 over the next three years. Don't forget that this so-called "lady", who has elected to be an economic traitor by purchasing a Japanese luxury car instead of one made right there in Ontario or Detroit (buying a Lexus is a sure sign of someone who is selfish and thinks that THEIR need for soft seat cushions trumps the national need for jobs), is also the type who next will insist upon her right to a rental car. So she will want you to pay for her rental car while her vehicle is in the shop.
If you are firm in not reporting it to your insurance, then ask to see the estimates. Take them and copy them inasmuch as if you get sued by HER insurance in a subrogation claim, you can go to small claims court and convince the judge that her costs were unreasonable.
Thus, if you insist upon retaining control of the claim, send her a letter telling her that you will agree to pay for all repairs in the sum as set forth by a reasonable repair facility. Ask in writing for the other estimates. Make sure that you tell her to retain the other estimates inasmuch as you intend to use them in court.
If you two cannot agree, then make her report it to her insurance, and demand from them the copies of the estimates. You can introduce them to the judge. If there is a huge difference between two of them and the dealer, the judge might give you a break.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
