Expert: Claims Guy - 2/22/2011

Question
Last weekend I parked my car in 'parent parking' at a grocery store. When I returned to my vehicle there was a truck parked crooked, half way into my parking stall. When I opened my door to put my child into his car seat my door bumped up against his back passenger door of his truck. He was in his truck when it happened, so he got out of his truck and started yelling at me, demanding my insurance information. I refused to give him any of my personal information mainly because I felt threatened by him. I tried to speak reasonably with him, telling him that he should have taken some responsibility as well, but he continued to be verbally threatening to me and demanded that I give him my information or he was going to call the police. I finally gave him my cell phone number and name and he gave me his card. I did manage to have a look at the damage to his vehicle and there was hardly any - there was no scratch, only about a two inch paint mark from my door.

A few days later I received a phone call from his insurance company stating that the damage to his truck was $978. The adjusters claim stated that both doors had to be sanded down and re-painted, thus making the claim so high.

My questions are whether it is possible to get a different, more accurate quote? Also, I would like to just pay him and not go through my insurance company because my premiums will go up. Is that possible?

I know that it is my fault because I did bump the door of his truck, but surely he has some responsibility in this situation?

Answer
If you want to pay out of pocket, you'll probabvly have to pay the insurer back the amount they quoted, as it appears he is having them do the repairs.  You do not have to involve your insurer.  But if you do, they might be able to argue the amount or the liability on your behalf.

I agree that he is somehwat responsible - but I'm not familiar with the law in your jurisdiction, so i do not know how that plays out.  You could argue the damage, but you are at a disadvantage because they don't have to get other quotes.