Auto Insurance Claims: Do I have any rights?, notory public, back ache


Question
Hi, I was involved in a small car accident about a month ago and feel like the driver is trying to take advantage. We were waiting to make a left at an intersection, she pressed the gas  but decided not to go because a car was coming so she suddenly pressed the brake. I hit the rear of her car, leaving a small scratch. (Her car is an old Mitsubishi, in really bad condition, paint coming off the back bumper) Unfortunately i was excluded in the insurance so was not able to cover. The problem is that the driver is saying that due to this accident more stuff in the back got damaged. I am willing to pay for the damage I did, but I feel she is trying to take advantage because I know the accident was really small. I asked her if we could go to this body shop where they can give me a discount and they are really good, but did not want to. she said she wanted to go to some other place where she had already gotten an estimate of $1,100 and said otherwise she was going to get a lawyer. I don't know what to do, do I have any rights? Can she get a lawyer that would take this case? Should I just pay this amount? ....thanks  

Answer
Hi Arlette,

Sounds like your dealing with a scamster.  You should demand a copy of a written computerized damage estimate along with pictures of the damage to the car. You can then take them to your body shop to see if they think the estimate is reasonable. You should also demand to see the other items that are claimed to be damaged. If there is legitimate damage then you will have to pay. However you should only pay the depreciated value of the items. Further, before you give this person one penny you will need to prepare a "release of all claims" document to have her sign in front of a notory public. That way they cannot come back 2 months later complaining of a back ache, trying to get more money.  You should look at a website called www.nolo.com . This is a legal self help site with lots of good info and forms you can use for just a few bucks.

I hope this helps
Richard Hixenbaugh