QuestionA few weeks ago, I got into an accident with a taxi in DC. The taxi was double-parked and the passenger opened their door into oncoming traffic...which just happened to be me and my 94 Hyundai Elantra. A few questions here:
The cab's insurance company is claiming it's not their fault, but my insurance company is sure it's not my fault. any info on taxi's and who is at fault...the driver? the passenger?
My company says they will pursue the other company for whatever they shell out for repairs as well as my 500 dollar deductible when the car is fixed.
I have receieved an estimate from my insurance company of roughly 1200 dollars for the damage and they have given me a check for about 700 (1200 minus my deductible). I own the car and because it's pretty old, most of the damage doesn't bother me. The car is completely drive-able. However, because of a dented door, rain now leaks into the car and the driver's side lock is messed up....so I would like those problems repaired.
Can I cash my insurance company's check, and fix just one door and leave the rest of the car scratched as it is, even though the insurance company's estimate included fixing more items? I already put on a new side mirror on my own, since it was illegal to drive without one here.
I was planning on using this car until it died, but I wasn't planning on having to shell out money to fix cosmetic damages....especially since I figured a mechanical failure would be the end of the car and I wouldn't be trading it in or selling it.
Would it be more worthwhile to shell out the 500 and hope my insurance company can fight to get it back to me? I'm not exactly rolling in money, so I'm worried about 'losing' 500 dollars.
The car hasn't been in any previous accidents, and just has minor scratches....except for the accident damage.
Help! This is my only accident in 9 years of driving and I'm lost! Thanks!
AnswerTracy,
Let your insurance company sort out the blame and hope they get the other party to assume liability. Meanwhile, get the settlement check they offered. You are under no obligation to fix all or any part of the damage. That money is yours to spend as you wish. Insurance is a contract of indemnity, so they owe you the cost of repairs regardless of your intent to repair the car.
Insurance estimates of repair are usually insufficient to complete the work properly, so you might want to have a good shop write an estimate or at least review theirs to see if it is sufficient. Once that is done, you can make any arrangement you like to have your car repaired any way you like. If the shop negotiates a higher price for you based on the actual cost of repair, they may want something for their time in addition to the cost of the basic repairs.
Remember...it's your car and your money.
Charlie
