Expert: webfoot - 1/1/2009

Question
My boyfriend scrapped a car in a parking lot, causing minimal damage and left the scene because he did not realize he had hit the car. He was charged with hit and run and that was all sorted out.
The people he hit wanted us to pay cash right out, back in June (happened June 23/08)
We told them that we wanted three quotes from certain places to get the car fixed. It has been an argument and battle since. They didnt want to take this to insurance for whatever reason, which Im happy about, but now they want to do so because we cant come up with something reasonable due to the fact they want $2500 for a car that isnt worth it blue book wise; for a small horizontal dent above the bumper in the quarterpannel and a small scratch on the bumper itself. I have told them several times we want to pay for the bumper, but they want the cash in hand and I have told them we will not be paying for the vehicle being fixed till the bill is in our hands and their car is fixed infront of us, and we give the business the money and not them. They have been pushing and pushing, and have not come up with the quotes as we have asked for. It took them almost 6 months to come up with 2. Saying that its too "inconvenient for them"
I want to know if they can take it to insurance and make a claim, or if the 45 days to make a claim is up.

Answer
I'm surprised to hear that your boyfriend was charged with a hit and run that occurred on private property. In most places, law enforcement cannot enforce any driving laws unless the violation is on a public roadway.

As far as the number of days to make a claim, the answer to this lies in your policy.  You have a copy; I do not.
Some companies will stick to the letter of the policy and others will stretch it quite a bit.  I can't say what your company will do as I am only familiar with the internal policies of the one that I work for and I do not share them.
I'm not understanding why a claim has not been filed yet as this is what you pay insurance for.  It is your option, not the other person's.

Regarding your stipulations that you do not want to pay for the damage until the repairs are completed and that you pay the business directly, you have no legal right to do that any more than the other person can demand cash. If you owe someone money for damages, it is that person's choice to do whatever they want with the money.  If you insist on paying this out of your pocket, then get a certified check made out to the owner and keep a copy.  Do you think that they are going to just toss it?  However, be prepared for them to come back wanting more if the shop finds hidden damage which is another reason the insurance company should be handling this.