Expert: Doctor Settlement - 10/11/2007

Question
Last night I was legally parked in front of a friends house on a one way residential street.(2001 Honda Civic DX) I went outside and found the 1st floor neighbor approaching me. He explained that his father was backing out of the driveway and hit my car. Since the father speaks little English he drove away and asked the son to apologize and explain. The son offered to pay for any/all damages and wanted to pay "out of pocket" However, today I have gotten estimates from reputable body shops ranging from $1900.00 to $3000.00 (hood bent, headlights cracked, bumper scratched and a nickel sized spot of foam protruding from bumper)

My question is that "eyeballing" it, the car just looks like someone scraped along the whole front of the car and a little foam sticking out, and the hood's a little "off". BUT the estimates show the "nose" of the car's to the left, grill's cracked etc etc along with the other prior mentioned items.

I'm pretty sure he's going to think I'm "milking" this situation..and I assure you I am not. So, should I file with my own insurance company in Mass instead of waiting for his response and/or insurance adjuster?

Also, what if they claim that there's prior damage resulting in the amount of the repair cost? How can I prove there was no prior damage? OR More importantly, how does an insurance adjuster decide what's new and what's not?

Thank-you in advance for your advice!

Jess W.

Answer
Hi Jessica,

Last question first: both the insurance adjuster and the auto body shop owner can distinguish between old damage (say at least six months or so) and fresh damage.  Obviously if there had been an accident just a week earlier, they probably could never tell the difference.  

But just tell the nice neighbor that this is the best way to proceed with the repairs inasmuch as you are entitled to have your vehicle restored to the same condition as before they damaged it.

Of course another factor here is how to keep friendship with the neighbor, especially when the estimate is a lot more than what may appear to be the cost to the untrained eye.  You might explain that the body shop costs are known to be high.  You could possibly agree to at least take your car to a body shop he names and let them make an estimate.

I do not think you want to use your own insurance if the other side has insurance.  Tell your neighbor that one accident like this will not usually result in a raise of the rates.

One compromise might be to take the estimate and to show it to him and to forego repair to things like the scratched bumper (if that is going to cost a bit), or you could agree to have them cut and revise the spot of foam in the bumper if the estimate had you getting a whole new bumper.  Things like that can go a long ways in lowing the cost of repairs, and at least your neighbor will surely appreciate your compromising on some topics.

Bottom line, however, is that you get to pick the place your vehicle will be repaired.  

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com