Expert: Bennie719 - 3/24/2008

Question
Hi,

My wife was recently involved in a rear end collision while uninsured.  She was waiting to turn right at a light when the car in front of her started to turn then stopped.  My wife was looking left to see if traffic was still clear (which it was) so she did not notice that the car had stopped and struck it at a low rate of speed (3-5 mph).  My wife was driving a mini cooper and only sustained minor scratches.  The SUV she struck only sustained minor scratches to the rear bumper, but the driver claimed he struck the car in front of him after being bumped by my wife, but that the car he struck left the scene.  The damage to the front of the SUV was more substantial.

What is my wifes liability for the damage to the front of the car?  Our assertion is that the damage to the front most likely occurred previously, and that the "phantom car" (who was struck hard enough by the SUV to do significant damage yet left the scene with out so much as stopping) does not exist...

We just received request for payment from their insurance company in an amount that clearly must include the front end damage. It seems hardly reasonable to pay 100% for damage that there is no proof we caused.

Thanks in advance...

Answer
Hi Doug,
If you had been able to inspect and photograph the front of the SUV, you might have been able to prove that it was "old" damage.
Now that his insurance company has repaired the front and rear and is sending you a bill, I see no way for you to escape being liable.

I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area