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Auto Accident - Other Party Trying to Scam Us

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  • 11-23-2010, 11:05 AM
    Crikey
    Auto Accident - Other Party Trying to Scam Us
    My 17 year old daughter alone in her white Pontiac G6, rear ended a large SUV at roughly 5-7 MPH. The collision popped out the left side of her front upper grill of which I have since popped back in, no other damage. The suv has remnants of white paint on the back bumper where she made contact.

    The male driver of the suv immediately jumped out of his vehicle and called police, fire and ambulance. Attending were, paramedics, a fire truck, 2 cruisers and 2 tow trucks. The driver would not look or speak to my daughter who was visibly upset.

    The police officer consoled my daughter and told her not to worry, she would not get a ticket as the roads were wet and the damage was virtually nil. He said the paint on the suv's back bumper could easily be buffed off, but he warned her that based on the comotion the driver of the suv had made, that she could expect that he may give her a hard time. There was an exchange of information and everyone drove off.

    Two days go by and the driver of the suv contacted us today. He says he has 3 estimates for the repair with the cheapest being $1,856.37 to replace his back bumper and that we were to pay him directly. I told him I would be back to him within 24 hours and have just jumped on this forum seeking advice.

    Please offer me some suggestions and/or options, I would really appreciate it. I really don't want to go through the insurance as I don't want to effect our record, but I am sure if an adjuster was to see the damage he would probably laugh. I know we're being scammed but don't know what to do. Thank you so much!
  • 11-23-2010, 11:30 AM
    That Guy
    Re: Auto Accident - Other Party Trying to Scam Us
    You deleted the part that asks for the "name of your State".... Trust me, there is a good reason why its needed!
  • 11-23-2010, 11:32 AM
    Crikey
    Re: Auto Accident - Other Party Trying to Scam Us
    Sorry - Ohio
  • 11-23-2010, 11:50 AM
    jk
    Re: Auto Accident - Other Party Trying to Scam Us
    Well, since you don't want to involve your insurance company, you can either pay the guy or refuse. If you refuse, he can then sue your daughter. If the only problem is you believe the estimate is too high, then you can attempt to negotiate the payment amount.

    If/when you pay, be sure to have a release prepared and signed that releases you from all future claims.
  • 11-23-2010, 11:58 AM
    Crikey
    Re: Auto Accident - Other Party Trying to Scam Us
    I appreciate the advice. The problem is not that I believe the estimate is too high - I'm sure bumpers are pricey, but he doesn't need a new bumper! There is no dent, nor is there any break in the surface of his paint. It can clearly be buffed out.

    Out of principle I can't pay this guy $1,800+. Would I be better then to let him sue or go through the insurance? Or does that open up a whole new can of worms? I guess in essence he could show me a bill for $10,000.00 - where does realistic end and scam begin? Can I not protect against this in any way?

    He'll probably just keep the money and get his bumper buffed anyways.
  • 11-23-2010, 12:22 PM
    jk
    Re: Auto Accident - Other Party Trying to Scam Us
    what he does with the money is irrelevant. He doesn't have to repair his vehicle unless he has a loan and part of that contract requires him to maintain the vehicle. It still wouldn't make any difference to you.

    as to the amount; as I said; you can either pay or dispute it. If you refuse, he can sue. He will be required to show proof of his damages to the court and since your daughter is at fault, she will have a judgment for whatever the guy proved to the judge. If he can convince the judge his damages are $1800, then that is what he will be awarded. You, let me correct that; your daughter can argue the damages are not that much. She will have to support her argument.

    Personally, I believe it would be better to go through your insurance than go to court. A judgment will be on your daughters credit record for as long as the judgement is valid or 7 years whichever is longer. Haven't checked your states laws on the statute of limitation for a judgment.

    Before you go that far, you might try negotiating with the guy and ask him to show the damages are valid. Maybe he can show you something you are missing.
  • 11-23-2010, 12:34 PM
    That Guy
    Re: Auto Accident - Other Party Trying to Scam Us
    Quote:

    Quoting Crikey
    View Post
    where does realistic end and scam begin? Can I not protect against this in any way?

    Your insurance will sort the realistic from the scam... And they'll investigate, pay, get a release... etc

    I understand that people don't like insurance rate hikes... But in MY grand scheme of things, I pay for insurance so that I am covered in case of an accident.
  • 11-23-2010, 01:07 PM
    Crikey
    Re: Auto Accident - Other Party Trying to Scam Us
    Okay - If I tell him to go through the insurance at least he won't be able to pocket the money, is that correct? Or could he also tell the insurance company that he wants a cash settlement instead of the repair? If so, I hope they will only pay what's realistic.

    I don't know I find this all very frustrating. If it happened to me with such very little damage, I would probably let it go, or at the very least try to save the other driver as much cost and hassle as possible. It's just another glimpse of how the monetary system has changed so many.

    I appreciate all of your comment's sincerely. If anyone has any other suggestions I will try to buy (excuse the pun) a couple of extra days to see if any other ideas surface.

    Cheers!
  • 11-23-2010, 01:27 PM
    jk
    Re: Auto Accident - Other Party Trying to Scam Us
    Quote:

    =Crikey;473904]Okay - If I tell him to go through the insurance at least he won't be able to pocket the money, is that correct? Or could he also tell the insurance company that he wants a cash settlement instead of the repair? If so, I hope they will only pay what's realistic.
    You need to get off this. It really is none of your business. He is entitled from your daughter to be made whole. That means he is owed the amount of damages. Nothing else is any of your business.

    If he is required to repair his vehicle, then he needs to deal with that. It just isn't any of your business though.

    If he owns the vehicle outright, he has every right to demand the money be paid to him. There is no requirement he ever repair the car. You caused him monetary damage and that is what you owe.

    Quote:

    I don't know I find this all very frustrating. If it happened to me with such very little damage, I would probably let it go, or at the very least try to save the other driver as much cost and hassle as possible. It's just another glimpse of how the monetary system has changed so many.
    If he can support the claim for the damages, I see nothing wrong with demanding every penny of damages. If you believe he is claiming more than the actual damages, then you can refuse to pay and either negotiate it or allow it to go to court and let the judge decide.
  • 11-24-2010, 06:02 AM
    Crikey
    Re: Auto Accident - Other Party Trying to Scam Us
    A little piece of justice!

    The guy my daughter hit (at 7mph) called in police, fire and ambulance and claimed he may have been injured, which is why numerous emergency resources attended.

    Well we had a call at home last night from one of the attending officers, telling us that he (the other driver) is being cited for abuse of city resources and the cost to have those resources attend, which is not only serious but will be very costly for him.

    When the officer attended the scene he was very annoyed with this guy that he called in such services for what was nothing more than just a bump, so he consulted with his supervisor and they decided to charge him. We have decided to let him sue, should he still have the inclination to do so now, as this will go a long way in court with his so called 'damage' - scuff.
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