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  1. #1
    Join Date
    Nov 2010
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    Default Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    My question involves an injury that occurred in the state of: CALIFORNIA

    i was involved in car accident two days ago and this guy hit the side of my car and rubbed his paint on my car as he pulled away he ripped my bumper from the fender bracket. He said that he will pay out of pocket I sent him the quotes and he told me to find another quote that was cheaper than what I got.

    The sheriff station refused to make a report and just told us to exchange information.

    I' am just afraid that he will turn around and blame me for the accident.

    Who should I make the claim with my Insurance company or His or both?

    will this accident go on my record?

  2. #2
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    Sep 2005
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    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    If you have insurance coverage for the damage, the easiest thing to do is usually to make the claim through your insurance and to let them deal with any subrogation claim against the other driver. You need to be careful, as to make a claim you may be contractually obligated to inform your insurance company of the accident within a specified period of time after the accident. You can try contacting the other driver's insurance and see what happens. If you make a claim involving an accident to an insurance company, it's going to be on that company's record.

  3. #3
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    Nov 2010
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    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    Quote Quoting Mr. Knowitall
    View Post
    If you have insurance coverage for the damage, the easiest thing to do is usually to make the claim through your insurance and to let them deal with any subrogation claim against the other driver. You need to be careful, as to make a claim you may be contractually obligated to inform your insurance company of the accident within a specified period of time after the accident. You can try contacting the other driver's insurance and see what happens. If you make a claim involving an accident to an insurance company, it's going to be on that company's record.
    I was instructed by my insurance company to make a claim with the drivers insurance company Its been a few weeks and I've been in contact with

    person Insurance company. The Driver has not returned any calls from her insurance company and I was told by her insurance company to take their

    policy holder to small claims court if she doesn't cooperate within 30 days of the accident report i made with them. What can I do now?

  4. #4
    Join Date
    Jan 2006
    Posts
    27,812

    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    take them to small claims court.


    I have to presume you do not have coverage in your car that would cover these damages. If that is true, it is up to you to chase the other party for what you believe they owe you.

  5. #5
    Join Date
    Nov 2010
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    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    my detectable is higher than the cost to repair my damage.

  6. #6
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    Jan 2006
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    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    then you are relegated to chasing after them for your damages.

  7. #7
    Join Date
    Nov 2010
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    26

    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    Quote Quoting jk
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    then you are relegated to chasing after them for your damages.
    I've never taken anyone to small claim courts. I originally got two quotes($738 & $839) when driver told me that he didn't want to go through insurance.

    I also got a third quote for $675 but that quote was from the drives insurance. my questions are these

    How much should I sue for?

    who do i take to court the driver is not the owner of the car the wife is or both?

  8. #8
    Join Date
    Jan 2006
    Posts
    27,812

    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    Unless there is reason to believe the owner of the vehicle has any liability, sue the person that caused the damages. If you have two quotes, sue for the lesser.

    hopefully somebody is going to fill out an SR-1 with the state DMV as it appears the threashhold of $750 has been breached and as such, must be reported to the DMV.

    http://dmv.ca.gov/forms/sr/sr1.pdfcheck with your insurance company. They may file one on your behalf.

  9. #9
    Join Date
    Nov 2010
    Posts
    26

    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    Quote Quoting jk
    View Post
    Unless there is reason to believe the owner of the vehicle has any liability, sue the person that caused the damages. If you have two quotes, sue for the lesser.

    hopefully somebody is going to fill out an SR-1 with the state DMV as it appears the threashhold of $750 has been breached and as such, must be reported to the DMV.

    http://dmv.ca.gov/forms/sr/sr1.pdfcheck with your insurance company. They may file one on your behalf.
    I'am not going through my insurance at all. Just with the party who hit my car.

    CA DMV says the following:

    Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. Mail the completed report form to the address on the form.

    but my lowest quote is lower than the $750 required reported by the state of Ca

  10. #10
    Join Date
    Jan 2006
    Posts
    27,812

    Default Re: Person Who Hit My Car Wants to Pay Less Than Repair Estimate

    it doesn't say your damage. It says an accident with damages that exceed $750. I would bet that even if you use the other guys insurance estimate of $675, the damage on the other car is over $75 which makes damage due to the accident over $750.

    It doesn't make any difference to me but if you fail to file that form when required, you lose your license for 1 year.

    and I know you are not going through your insurance but many insurance companies will file an sr1 for their customers. It just makes it easier for you. Merely a suggestion.

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