Expert: Ron Cercone - 11/5/2009

Question
Hi,

My car's rear end was hit my another lady's rear end in the parking lot. I believe that the other person was 100% at fault because I had completely backed out and was at a full stop trying to change gear and move forward when she hit me. There is no damage to her car my there is huge paint chip on my bumper. Her insurance company is offering 60%. I dont have comprehensive coverage. The adjuster has stopped calling me since i did not report any injuries. I told her I will be taking her client to small claims court for the money and to keep the claim open till then. Should I settle? write a demand letter? How long can I keep the claim open? Can you show me a sample demand letter for bodily damage only? Thank you

Answer
My gut says take the 60%. Unless you know that the other driver is admitting 100% fault, parking lot accidents like this are usually 50 50. Keep in mind, if a small claims court judge gives you less than 60%, say 50%, then that's all the other insurer owes.

Ask the small claims clerk what the statute of limitations to sue for property damage is in your state.

And you don't need comprehensive coverage since this is collision coverage. But your deductible could eat up the repair cost. And I'm not sure I would want a claim on my record for small claim like a paint chip on a bumper.