Expert: Bennie719 - 6/3/2009

Question
Last week, I was parallel parked on a city street.  When I was backing up to pull out, another car was stopped by a police officer for running the red light.  The other car was essentially double parked next to the car behind me, but apparently a little farther forward.  I bumped his car in front of the police officer writing him the ticket.  I had taken my foot off the brake and rolled into him.  He put a claim in against my insurance.  My insurance contacted me a week later.  When I spoke with them I stated that I felt this was ridiculous and I wanted to know what the result of the appraisal was and to be informed prior to the check being issued.  That was 3 days ago.  I was just informed that the other party got a check for $1600 and that is only because I continued to call each day for a copy of the police report and finally the person said that is claim was closed.  What recourse do I have?  I can't believe that they paid out this kind of money for what I was told by the adjuster was a bumper scrape.  The police report indicated that the other car "had/obtained several scratches".  The other car is a 2004.  My 2007 vehicle didn't have any scrapes.

Answer
Hi Wendy,
Since there is no question regarding the fact that you were at fault,
your insurance company had no choice but to pay the claim.
Your company is not in the habit of overpaying a claim.  Their
payment was either based on their inspection and valuation of the
damage or the other driver had the car repaired by his own company
which sent complete documentation to your company along with a
demand for payment.  If that was the case, your company had an opportunity to challenge the amount if they found a reason.
Since the payment was made, the claim is now closed.  You have no recourse and this claim can never be reopened again for the damage
portion.

I hope that you find this information to be helpful.  Your feedback by rating my response will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area