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  1. #1
    Join Date
    Aug 2016
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    23

    Default Going About a Small Fender Scratch, 2 Car Accident

    My question involves a traffic accidentfrom the state of: Florida, Volusia County

    I'm sad to say this is the second time, but a kid under 21 rolled into the back of my car at a stop light. The first time just left the tiniest dimples that you had to really look hard to see so after mulling on it for a while I didn't do anything. This time again, virtually no damage, but there is some scuffing on the clear coat it looks, and it looks like a professional paint correction would fix it. Were probably talking between $250 and $500.

    I am fairly familiar with my car (its a mazda 3 that a baby as much as I can baby without my own auto-garage to take it apart in) and I am fairly certain the 2 blind spot sensors were out of harms way, so I am pretty sure the only damage is superficial. I am willing to save the kid some monster premiums if he wants to pay for the work to be done, but I just want to cover my own ass at the same time.

    We didn't call the police for this accident, I have;
    An image of the impact area on my bumper.
    An image of his license plate.
    An image of his drivers license.
    Rear-facing dashcam footage of the accident.

    If he does agree to pay for the paint correction, should I get something signed first? Thanks!

  2. #2
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    I'm not sure what you're contemplating being signed, but if you're planning on taking care of this by way of a single payment from the at-fault driver, then you should plan for it to be a one-and-done transaction. If the other driver were posting here, we'd urge that he not pay you anything without receiving some sort of signed release in exchange.

  3. #3
    Join Date
    Aug 2016
    Posts
    23

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    Ok, some useful information. How about if they don't or unable to pay the paint repair fee.. is that something I can just go to their insurance company with than?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    Quote Quoting seki
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    Ok, some useful information. How about if they don't or unable to pay the paint repair fee.. is that something I can just go to their insurance company with than?
    If you already have his insurance company information, why not just file the claim there in the first place?

  5. #5
    Join Date
    Aug 2016
    Posts
    23

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    because the damage is most likely under his deductible, and it would put his already high premiums even higher. The reason for his distraction was his passenger so I was looking to cut him some slack if I could.

  6. #6
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    What you are attempting to do is very noble and kind. You could get a written admission of fault by documenting everything on an email chain or you could make out your own contract (so to speak) and have him sign it before you take your car to the auto body shop. Furthermore, you could get a copy of the estimate from the shop, attach it to the email chain, making him clearly aware of the cost he will be facing, and have him agree in writing that he is willing to pay either you or the shop directly for that cost. Not that you would sue him if he refused to pay, but just to intimidate him into paying it.

    You hold the high card, in that, if he defaults on paying the auto body charge, you can always file it with your insurance company. Then let your insurance company go after his insurance company for reimbursement. There is rarely a question of fault with a rear-ender and you would be off the hook for any costs or raised insurance rates. But that is only if he refuses to pay...but he knows if he doesn't pay it you will go after his insurance, which is what he is trying to avoid.

    I once wanted to cut a father some slack by not reporting a small rear-ender when his son hit me from behind. However, when he wanted me to get three estimates, when I told him I had a body shop that I preferred, I just filed it with my insurance company. He obviously did not realize that I was going out of by way to cut him a break.

    To say "just file the claim with his insurance company" indicates a lack of knowledge of the insurance industry and what it's like to be kind to others.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    Quote Quoting seki
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    because the damage is most likely under his deductible, and it would put his already high premiums even higher. The reason for his distraction was his passenger so I was looking to cut him some slack if I could.
    I'm not clear but from your original post it seems that this could be the second time the same kid hit your car. Is that the case?

  8. #8
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    Quote Quoting seki
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    because the damage is most likely under his deductible, and it would put his already high premiums even higher. The reason for his distraction was his passenger so I was looking to cut him some slack if I could.
    There's no deductible on his liability coverage. His insurance will pay the full amount of the repair cost less any visible prior damage.

  9. #9
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Going About a Small Fender Scratch, 2 Car Accident

    Quote Quoting seki
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    How about if they don't or unable to pay the paint repair fee.. is that something I can just go to their insurance company with than?
    Who are "they"? In your initial post, you referred to the at-fault driver as "he." I also don't really understand what this question means. If you want to let the at-fault driver pay for the damage, that's fine. If he doesn't pay, then submit a claim to his insurer. If he asks you to sign something, make sure you receive payment at the time of signature or that the release is conditioned on payment being made (and, if he pays by check, then make sure it clears first).


    Quote Quoting seki
    View Post
    because the damage is most likely under his deductible
    That's not how auto insurance works, and I would suggest you google "understanding the basics of auto insurance" because it's important that drivers understand the basics. Standard auto policies have several types of coverages. The one that's required by law is liability coverage, and that will pay (up to the limits of the policy) for injuries or damage caused by an insured driver to another person or another person's vehicle. There is no deductible involved with liability coverage. Deductibles apply primarily to first-party claims against one's own collision or comprehensive coverage.

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