Expert: Bennie719 - 2/25/2008

Question
1 month ago(Jan 12), I received a call from a police officer stating that a witness left a note on someones car, stating we bumped into their truck at a shopping mall and then left.  I told the policeman that my car did not hit any car in the parking lot. The policemen said the witness left no contact information on the note. 1 month later, I then received a letter from the truck owners insurance company claiming that my car bumped into his truck.  I told their insurance company that our car did not bump into another car in the parking lot, that there is absolutely NO damage to my car and that the truck owner might be filing a fraudulent claim.  I even mentioned to the insurance agent that there are video cameras in the parking lot(i called the shopping mall to verify video cameras) so that they can prove this and to also inspect his truck for any damages.

My dilemma is... since this supposed shopping mall accident, I had my car repaired and painted for damage caused later from someone who swiped the side of my car in front of my house and did not leave a note.  Now the truck owners insurance agent wants me to take my car into an auto repair  for inspection to see if there was damaged created from the supposed shopping mall accident.  QUESTION:  How do I prove that I did not cause the shopping mall accident, especially after I mention to the auto repair inspector that my car was repaired for damages that was NOT related to the shopping mall incident?  I don't want the truck owners insurance company 'assuming' I caused this shopping mall incident because of the repairs done on my car for damages that was created after the fact!  I want to be honest to the insurance agent, but don't want to be liable for a shopping mall accident that I WAS NOT INVOLVED IN.  Who has to 'prove' that I was at-fault in the shopping mall accident?  I can tell the truck owners insurance company to obtain a video of the supposed parking lot accident to prove accident and to also see if there was any damages done on the truck (check for black paint transfer to his car(my car is the color black), see if any damage on truck was related to the parking lot incident (is damage new or old?) etc. Since the witness left no contact info, will it be my word against the truck owners word in terms of how the insurance company determines who is at fault?  I also want to make sure that the truck owner is not filing a fraudulent claim - they could have staged a fake accident with a fake witness note(since the note did not leave their contact info..). PLEASE HELP ME WITH ADVISE!  Thanks!

Answer
Hi Eric,
In my opinion, the best way to handle this would be to take all the letters that you have received from the adverse insurance company plus a copy from your repair shop that you used, showing the areas that they repaired and make a report to your own insurance.
Your own insurance company can inspect your car and deny the other party's claim.  They will then do all the follow-up arguing on your behalf.
This takes the burden off your shoulders and puts it on your insurance company, which is one of the reasons why you purchase insurance.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area