Insurance Question for the Lounge

[Jeff In Milwaukee]

Because we don't have an "Insurance Claims" group and I figure that opinions of a pack of semi-drunken goofballs is as good as anything :)

So here's the deal. My wife is out driving in our new car (and by new, I mean it was less than 24 hours old -- our first new car in ten years) and she gets hit from behind by a sixteen-year-old, resulting in a $650 dent.

My wife gets the kid's information and we call the dad the next day -- who wasn't told about the accident by his son. Surprise! So anyway, he doesn't want to get his insurance company involved because of the kid's age and the fact that he's probably already paying through the nose for insurance premiums.

So we go out and get the $650 estimate from the body shop. Now the guy says that he doesn't want to write a check to me -- only to the body shop.

Now I'm wondering why that would be. And I'm a little nervous about committing to a repair bill without the funds to pay for it -- what if this guy suddenly "can't find his checkbook" when the bill is due? I'm thinking that I should just submit a claim through my insurance company and let them handle it.

Thoughts from the Lounge?

[Midlodemocrat]

1. I think it is reasonable that the dad doesn't want to involve his

insurance company, but what I would do is get him to give the body shop his CC# to 'hold' the payment so to speak.

That way, if the dad is a deadbeat, at least you can get your back from the body shop.

This is of course predicated on the understanding that dad has a credit card.

[meegbear]

2. He wants to make sure that the money goes to pay for it ...

when I was rearended, the insurance company made the check out to the autobody people.

As long as he's paying for it, I see nothing wrong here.

[Rabrrrrrr]

3. How dare you insult us, sir, with your claims of only being half-drunk!

Pishtosh and murmur murmur and harumph and all that. I stomp my foot at you and roll my eyes in righteous anger.

Half-drunk.

Sheesh.

Next you'll accuse us of only being half-naked while posting, or some other vicious slander.





Seriously, though, midlo has a good idea - or you could have the guy write his check to the body shop first. Thankfully, you are in the position of power, since you have the magic button: "Play my way, or I call the insurance company".

And I can fully understand his hesitation in not wanting to give you the money - I think that's fair that he only wants to write it to the body shop.

[Jeff In Milwaukee]

6. My apologies...

I should not have assumed for one moment that DU'ers posting in the Lounge would be anything less than boiled as an owl and butt naked.

What was I thinking?!

[Wcross]

4. Let him prepay for the repair.

Have him write the check before the repair. The body shop can cash it then start.

[Deep13]

5. Make an insurance claim.

The father's concern about liability is not your problem. You have no reason to take a chance on his good faith.

[flvegan]

7. This is your BEST answer. Why? Future liability.

He writes a check, pays for the repair. 6 months later, the kid "has some neck pain" and you get served stating it was your fault. Now you need a lawyer. Win or lose that suit, you still gotta pay the lawyer because you never filed the claim.

[Dr. Strange]

8. Except that the guy paid,

so it would be hard to claim that they thought it was JIM's wife's fault. Of course, you'd still have to pay for the lawyer.

[flvegan]

10. Yep, and

you're looking at more costs to subpoena the check from the bank. Which check? I dunno, all of 'em now because you never saw it. And what if he pays in cash? Signs nothing? Auto body shop going to remember who paid a bill 6 months ago?

Easier just to make the phone call. Plus most insurance companies will stand behind a repair. Brand new car, I'd want that guarantee.

[Deep13]

11. *delete*

[redqueen]

16. I think insurance companies screw you even if you're not at fault.

Not positive, but I think no matter who's at fault, they charge you more if you file claims.

[AlCzervik]

9. My husband rear ended another car when he was driving mine(2nd time in 10 months)

we wrote her a check for the damage which was around $800, it didn't matter to me who the check was made out to, i didn't put any restrictions on the payment because-----we hit her.

[Orsino]

12. You tried to cut him some slack, which is commendable...

...but any show of reluctance at this point should trigger an insurance claim--which is the way to get the official estimate he now seems to require.

Was there a police report?

[Jeff In Milwaukee]

14. Yes...

My wife had never been involved in an accident before, so she did everything by the numbers.

Based on what I'm hearing, I'm leaning toward filing a claim. I will, of course, check with my own insurance company first.

[CreekDog]

19. and you may need to notify the DMV of the accident if it's over a certain minimum $$ amount

In California, over $600 in damage requires filing a DMV report by all parties involved I believe.

[AllegroRondo]

13. Same thing happened to me last Spring

rear ended by a 16 year old driver, with relatively minor damage.

The girl's mother called and asked if she could just write me a check for the damage, and I refused, and filed an insurance claim instead.

Why?
For me, it was about the ease of getting the damage repaired and other expenses. Their insurance company was actually VERY nice about the whole thing. I chose to take my car to their preferred repair shop, and they fixed the car, arranged a rental, even picked me up to do it. I didnt have to even look at a check or worry about anything.

[Jeff In Milwaukee]

15. One thing I hadn't thought of...

Was that if the repair is not adequate, then the insurance company is still on the hook to make it right. If I take a check from the guy, then I really don't have recourse to go back.

[AllegroRondo]

18. and the insurance should cover a rental car too

will this person pay for a rental?

[Jeff In Milwaukee]

21. No...

I just talked with my insurance agent, and she thinks the guy's dippy for making demands like this. In addition to any future liability, he's also off the hook for the rental car (my wife's will be in the shop three days). She said to tell him to pay up or I'll file a claim with HIS insurance (his information is on the police report) and he'll be powerless at that point to change anything.

[AllegroRondo]

23. I would just file a claim with his insurance now

its not worth your time to deal with this guy and his demands.

[CreekDog]

17. you hold all the cards, he can pay in advance or you go to your insurance company

I went through the exact same thing and I got strung along by the father of the kid who hit me, so I said screw it and had the insurance company deal with it.

[Rosie1223]

20. I would file the insurance claim

If your wife filed a police report, I'm assumming the teen driver got a ticket. So that kid's insurance is going to go up regardless of who actually pays for the repairs.

Hope your wife is OK.

Rosie (parent of a 16 yo driver!)

[Coyote_Bandit]

22. Report the claim to your own insurance company

without further delay. Also communicate to them all your interactions with the father and son.

If you carry comp and collision coverage your insurance company has an obligation to take care of your claim. They also have the ability to pursue reimbursement (subrogation) from the insurance carrier for the Dad/son.

This will be the least amount of hassle and inconvenience for you. It will address any concerns of future liability which have been mentioned upthread.

As for Daddy and sonny boy? Well, accidents happen. But you do not know them. You do not know how trustworthy they are. Or how litigious.

They best way to protect your interests is to file with your own insurance company. You have no obligation to protect sonny boy or his dad - or to accomodate their desire not to report the accident.

Also, you should be aware that in some states you are required to report the accident to authorities.



Edit to add:
Your own insurance company will also seek reimbursement for the cost of a rental car during reasonable repair time. They may directly cover the expense so that you are not out of pocket for a rental car. Yet another reason to file a claim.

[unsavedtrash]

24. been there

A Yukon Denali backed into my Mazda Miata last year.
They wanted to cut me a check but then changed to writing the shop the check. I gave the guy the three quotes I got from different shops and then he said he had a friend/knew a guy who did body work. He was very insistent about it and I got tired of playing. Insurance companies can be a pain, but you will get the check.