QUESTION

What can I do to get my neighbor to pay for hitting my car causing over $1,000 in damage?

Asked on Sep 11th, 2013 on Automobile Accidents - California
More details to this question:
I backed out of my parking space about two weeks ago and was heading toward the exit of the carport area when I noticed a neighbor who parks about six carport stalls down from mine backing out of her space so I stopped allowing her plenty of room. She continued backing up in a straight line at a high speed (not sure why as she was already aligned with the exit and had plenty of room to get out) and hit the front bumper of my stopped vehicle despite my honking once I realized she wasn't going to stop. Her rear bumper has a small scratch and my front bumper and grill were damaged and cracked in several spots. After it happened, the owner of the car (who is the roommate of the person who was driving) came downstairs and told me that she would take responsibility and pay for repairs. I got a picture of her driver’s license and her phone number, but she said she didn't want to go through her insurance and would prefer to pay out-of-pocket. When I emailed her the estimate for a little over $1,000, she said the amount was too high and that she knew a “guy” who could do it for less, but I insisted on a Toyota-approved repair place since my car is only a few years old. When she finally responded by text, she said she could not afford to pay for the repairs and that she didn't think her insurance would cover the repairs, either, and asked if I could go through my insurance instead. When I called my insurance to tell them what happened, they told me they would talk to her insurance company but there isn't much they can do and that I should just pay the deductible and forget about it. I don’t think I should have to pay the $500 deductible and risk my insurance going up for something that wasn't my fault. I thought insurance companies were supposed to put more effort into getting the responsible party to pay. Why won’t her insurance cover the repairs? Because her friend was driving? If that’s the case, why can’t my insurance company go after the person who was driving?
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7 ANSWERS

Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I don't know why her insurance won't pay. It may be because no one has yet asked them to pay (she says she doesn't think they will pay, but she doesn't say she has talked to them). It may be that the accident want reported to police. It may be that the insurance doesn't cover drivers who are not listed on the policy. Ask for her insurance informational and contact her insurer to file a claim. If they deny the claim, you can sue her I small claims court. Incidentally, if you insurer pays, they can sue the driver, but they are not obligated to. They will do this if it makes economic sense, which it does not. They will spend more than $500.00 to recover their $500.00. They would have to hire a lawyer to file in small claims court. You can file it yourself without an attorney.
Answered on Sep 13th, 2013 at 2:46 PM

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If you want your insurance to pay for the repairs, you need to pay the deductible. That is what you contracted for when you chose your deductible amount. A different department of your insurance company (the subrogation department) will then try and recover from the the other party and their insurer, but that will take time. They should try and recover your deductible for you as well.
Answered on Sep 13th, 2013 at 2:46 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Your insurance co is not like a puppet on a string that does your bidding. Sue the lady if you care to. That is what small claims court is for. Cost you less than 100 and you can get a hearing in a few weeks.
Answered on Sep 13th, 2013 at 2:45 PM

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Ronald A. Steinberg
Depending on the time period between the accident and now, hopefully you can file a police report. Then, notify your insurance company of the accident. Since you were lawfully stopped when the other party ran into you, hopefully your company will waive the deductible. If not, sue both the owner and the driver for your deductible.
Answered on Sep 13th, 2013 at 2:45 PM

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All you can do is make a claim against your neighbor's insurance company, or sue her in small claims court.
Answered on Sep 13th, 2013 at 2:44 PM

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James Eugene Hasser
Her insurance company will cover the driver as long as the driver was driving with permission of the owner. It should pay, but if it won't, you can either make a claim on your policy and eat the $500 or sue the driver of the car in small claims court.
Answered on Sep 13th, 2013 at 2:44 PM

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Edwin K. Niles
That's why we have Small Claims Court. It's your choice whether to use your deductible or not, but you can sue the owner and the driver for $500 or $1,000+.
Answered on Sep 13th, 2013 at 2:43 PM

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