Auto Insurance Claims: Possible Insurance Fraud?, primary liability


Question
A friend of mine was driving my car while I was in the car and as we were pulling out of a parking spot he scratched the fender of the car next to us. My friend driving my car owns an automotive shop and gave the other party his business card and told them to bring the car in and he would fix it free of charge. The police were never called but the other party kept demanding my insurance information but since I was not driving I didn't think it was necessary. The other party brought their car into my friend's shop and he completely replaced the quarter panel which was previously dented from the car owner's other numerous accidents. He offered to fix her front bumper which was clearly hit hard from another accident but the person did not want to keep her car at the shop for another day and said she would bring it back some other time. A few days later the car owner called me and explained she was unhappy with the way the car was fixed and I told them their best option would be to call the shop owner and he would be happy to fix the issues that she was having. Instead, she filed a police report and sent a claim towards MY insurance.  I have pictures from after the accident as well as the itemized invoice from the auto shop. Her car has clearly been in many of accidents prior to the paint scratch we put on hers. What could possibly occur from this considering the car had been already been fixed?

Answer
If you have pictures from after the accident, then you simply need to provide them to your insurance company.  When you let someone drive your vehicle, that person becomes "insured" on your policy.  You are responsible for the use of your vehicle.  In almost every State, this is the case.  Now, if your friend did a decent job on the vehicle, then there may be no claim, depending on the quality of your photos.  Your insurance will only be responsible for the damage your friend did while operating your vehicle with your permission, barring any unusual circumstance.

Essentially, if your friend didn't do such a hot job on the repair work, then that's a different story altogether.  Technically, it may be hard for the vehicle owner to prove your friend did any work at all, and she may not claim that.  There are just too many unknowns to give you good direction.  I would have to see her vehicle now, and compare her vehicle to the photos you have, so long as everybody agrees they are reliable photos, and then see what I thought the damage was.  If the damage to the part would have required replacement, then I would likely just award the vehicle owner with the cost for replacement of a fender, because that is what you damaged, and never paid for, right?  I hope this helps, and I'm sorry if it's not what you wanted to hear.

JP