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About Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer.
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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You are here: Experts > Autos > Auto Insurance > Auto Insurance Claims > accident on private property
Expert: Claims Guy - 10/31/2009
Question
was involved in an accident at my house where my friend left his car at my house and to my understanding he was comin by to pick it up. i knew the truck was at my house for 30 minutes or so but was unaware that his truck was still parked at my house the next morning and without check i backed right into it.i realized it was my fault and wanted to fix the damage he then stated to me that his dad didnt want to get the car fixed but he got an estimate to fix the truck and that estimate was $3,000. The truck he is drivin is worth approx. $1500 according to kelley blue book value. He wants me to pay him $3,000 to him and him not get his car fixed. He also agreed to me after arguing my case that if i would give him $1000 he would just take the money and forget about it. We didnt call the police and no accident report was written up, so my question is what are the laws regaurding having a wreck at your own house and in your own driveway and what should i expect to pay or is he just trying to get as much money from me as he can without getting the truck fixed?? i also stated to him that i wanted to get his truck fixed for him because his son(my friend) didnt want to drive around a damaged truck and i completely understand that but his dad isnt willing to work with me as to where to get the car fixed he just wants me to give him money...
Answer
If you have insurance, you should let them handle this. That is why you pay for it. If not, make sure you get insurance so you are covered next time you have a problem. It is well worth the cost and required in most states.
It does not matter that the loss occurred on private property. You are liable for his legal damages. This value is the lesser of two things: (1) the cost to repair or (2)the retail value of the vehicle before the loss.
Since the repair cost exceeds the retail value, this is a total loss.
In this case, you owe him the retail value of the vehicle before the loss. You are also entitled to take the damaged vehicle as salvage. If you pay him the retail value, he should transfer ownership to you. You are essentially buying the vehicle. He is not legally allowed to recover money for his vehicle and then also get to keep the vehicle. This would be double recovery. You can then sell it as salvage to a salvage dealer and recoup some of your losses. Or if he chooses to keep it, you can deduct the salvage value from what you pay him.
This is the way any insurance company would handle it, and this is what any court would allow if he sued you. Good luck.
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