My question involves a traffic accident in the State of: California
On 9/20/08 I was on my way home from a long 28hour school/work/work day from union city back to my home in San Francisco. I was tired from my long day and someone was creeping in my blindspot (i think, happened kinda fast) i was changing lanes when that someone hit me or i hit him.
So we exchange information, get a police report filed. Nobody was injured, and as far as damages go we filed that the passenger door/fender on my honda accord was damaged, and that his driverside rear quarter panel was damaged.
So a week later i get a call from him saying he got a quote for the repairs, and said that the rear quarter panel, door, and another piece (the step piece on the interior of the door?) would be replaced for the sum of 3200$.
I was on the phone wondering how we both didn't see any damage on the door and somehow it comes up to rack up the bill even higher. I was planning on paying outside of insurance because if the bill were under 3000$ i would save on insurance premiums overall. so thats question#1, can he include the door in the damages after the police report was filed stating that only his rear quarter panel was damaged?
anyways, after that i told him i'd call back in a few days with a decision. On the 9th day, a day before the SR-1 was filed I called him and asked if he had turned his SR-1 in, and warning him that the 10th day is the day after. he got very confrontational over the phone saying that you are given 20 days to file it, i didn't want to argue with him so i let him believe that. So on the 10th day, my SR-1 was filed and completed, whereas im 99% sure his was not turned in until after the 10th day. It clearly states on the DMV site in regards to the SR-1:
"California law requires traffic accidents on a California street/highway or private property to be reported to the Department of Motor Vehicles (DMV) within 10 days if there was an injury, death or property damage. Untimely reporting could result in DMV suspending a driver license."
I was wondering if there's anything I can do since he was untimely in his report of the SR-1. (q#2)
and lastly, the quote he received was 3200$ in repairs when his car is only worth 3800$ according to www.kbb.com and they are also readily available on craigslist/autotrader for that price. His car is a 4runner with 195,000+ miles, so i'm wondering if there's something i can argue in regards to the value of his car and the repairs.
Thanks in advance for any help that can be offered