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Question
I just leased a brand new BMW 750 4 weeks ago and have already got into an accident! I was in the process of reversing out of a parking space at the local Costco (California) when another car doing the same hit me on the left passenger side tire/wheel well. The other driver insisted it was not her fault eventhough she clearly backed into the side of my car (T-bone fashion). I told her that the damage to my tire/wheel was minimal and that I would take no action. The damage to her car was more severe than mine. After 10 minutes of discussion she finally came to her senses and realized that it probably isn't every day she gets to hit an $85,000 car and get away scott free so we exchanged insurance information as a formality but agreed in principal not to take any action against each other.
Two questions: 1) eventhough we agreed not to take any action against the other, if she files a claim against me does that put her at some advantage if I take no action? 2) While the damage was minimal to my car, the car is on lease and the dealership may ding me for this when I return the car in 3 years. Should I just file a claim with my insurance carrier? What if this woman continues to insist it is not her fault? Who determines fault? We have the same insurance carrier - does this matter?
Your help on this is greatly appreciated!
Tom
It is so ironic that I received this question from you tonight as I was able to share it with my attorney and psychologist friends who who happened to be over this evening.
Given this, I can only suggest that you resubmit this question after having someone else read it for you. It may be a good idea to choose a stranger as your own friends may be as pretentious and disgenuine as you seem to be. Either that or they hang with you to have something to talk about when you are not around.
We did appreciate your out of touch representation of reality though.
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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