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Old 12-19-2007, 07:43 PM   #1
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Default Sorry I didn't see it...

So today some dude backed into my car in the parking lot of a restaurant during lunch. The damage isn't too bad but the pass. side marker light housing will need to be replaced and the front bumper entirely repainted. Estimated repair at the only shop I'd work with is $487.

The deal is the guy was driving a truck that belonged to his employer. He requested to pay out of pocket, I suspect he doesn't want his employer to find out. I'm ok with that, as I've been in the same boat. But, he seems to think I'm going to let him make the rules... and I'm not a ******* push over.

I got EVERYTHING i might need on the guy. I got his name, home address, business card (full contact info), DL #, license plate of the fleet truck, time of accident, 4 witnesses, and to top it all off.... he doesn't know that I have his manager's card from a project at work that his company is consulting on

So. I called him after I got the quote and told him how much it would be. Expecting to hear "damn that sounds high", he responded with "if that's what it is, that's what it is." He then proceeded to ask if he could pay the shop directly. Although I tried to explain this to him he just didn't get it.

1) If he pays up front for the work, and it turns out like ****.... they already have the money and are less likely to make good on the repairs.

2) If I have it fixed without the cash up front, then he might bale and I'm stuck with the bill (my car, I'm responsible for the bill).

3) The shop is busy until after the holidays, so they can't start for 2-3 weeks. If he bails on me after 3-4 days my chances of getting the insurance to settle and give me cash are reduced.

So basically, he is going to call me tomorrow "with his answer". If he doesn't tell me what I want to hear then I'll have to go through his insurance (doesn't bother me), but at that point he might be pissy and try to lie to them and then things get complicated.

ALL THIS ****... AND THE TWO THINGS THAT **** ME OFF THE MOST:
1) The time it will take ME to sort out HIS **** up.

2) His introduction after hitting my car. "I'm sorry, I didn't even see it there cause my tailgate was in the way". I don't know about you guys, but I look in a parking space for OTHER ******* CARS, before I try to park in them. Strange idea I know.

In short, don't be rushed to a meeting... always get a police report. Never try to be nice. They fucked up, and that's what insurance is for. Just go through the insurance. Eliminate their choice in the matter up front by tell them "No, we are doing this the right way and I am calling it in immediately. Please wait here while I call the police to make a report."
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Old 12-19-2007, 09:18 PM   #2
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So he won't give the money to you in advance? Call his boss and his insurance company then, but tell him before you do. You're being a nice guy in letting him do it outside of insurance, which is more than I would do, but if you even get the slightest hint of push-back from him, take it straight to his boss.

You are doing HIM a favor. He owes you everything you ask for, and mabye his first-born too.
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Old 12-19-2007, 09:35 PM   #3
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I wouldn't **** around. If he can't give you cash in hand tomorrow. Then call it into insurance.
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Old 12-19-2007, 09:52 PM   #4
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i told i guy id work with him after he hit me in a parking garage. i called his insurance about three minutes later....
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Old 12-19-2007, 10:25 PM   #5
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i told i guy id work with him after he hit me in a parking garage. i called his insurance about three minutes later....
noted... i've decided that if he doesn't call me by noon tomorrow to tell me he will give me cash, and if he doesn't deliver it to me by 5pm tomorrow evening I'm calling it in. Basically, I hope he doesn't call in the morning like he said he would... then I will be guilt free about going back on my word by calling it in. God I hate having these morals...
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Old 12-20-2007, 03:09 AM   #6
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screw being nice, call the insurance company and can his ***
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Old 12-20-2007, 09:53 AM   #7
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Might be tough to go the insurance route now that you've both left the scene of the accident w/o filing a police report.

Laws are all different state to state, but where I live, he would owe for the cost of repairs + cost of estimated depreciation + cost of economy rental car for while vehicle is being repaired, and he would have the right to pay out of pocket instead of going through insurance. He would also need to make the check out to you directly, since it's your loss he's covering. Then it's up to you what you actually want to do with the money. Unfortunately, there is no way to recover for wasted time, lost work, inconvenience, etc as it was indeed an accident. However, if you end up going to small claims, and it interferes with a work day, then you MIGHT recover for you lost wages for that one day. Depends on the judge.

I had a bitch in an SUV (on her phone) back into my Mercedes at a restaurant. I saw it happen through the window. I remote started the car while running towards it, got in, and chased the bitch down. She wouldn't pull over, but I got her plate and filed the report. ******* bitch.
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Old 12-20-2007, 10:37 AM   #8
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So you dont have a police report?

Maybe you can get away with a hit and run, but it wont be easy.
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Old 12-20-2007, 10:50 AM   #9
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Nice guys finish last and those who wait get left behind!

You should always do what you said, "always get a police report. Never try to be nice. They fucked up, and that's what insurance is for. Just go through the insurance. Eliminate their choice in the matter up front by tell them "No, we are doing this the right way and I am calling it in immediately. Please wait here while I call the police to make a report." I dont care how minor the incident. People out there suck and for the most part will always try an get over on the next person.
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Old 12-20-2007, 03:54 PM   #10
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in texas a police report is really that helpful in a parking lot situation. If he really decides to be a dick and his insurance won't work with me my insurance will cover it with $0 deductible as a "non insured motorist/hit and run" and then sue his company to get their money back.
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Old 12-20-2007, 04:23 PM   #11
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In CA, you're suppose to report damages over a certain amount within a certain amount of time to the DMV. I don't know how it is over there, but probably something similar.

When I was in high school, a kid hit me from behind. He said he'd pay me directly. He lagged and me being 16 at the time, didn't know the rules. I didn't report it in time and finally in the end, I got screwed. I figured I could get it fixed for cheaper than the shop and have left over $ for car parts.

I personally don't like to mess around w/ stuff like this, especially being 28 y.o. now. By trying to be a nice guy ultimately will screw you in the end. And if the guy has a chance to take advantage of you bending the rules for him, he will.
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Old 12-20-2007, 04:27 PM   #12
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Police report in Ontario Canada = insurance is finding out 100%.

And here, if they can find a way to put you on facility and stick it to you, they will.

I would give him some time to come up with the answer you want. He made the mistake. You have 4 witnesses , so i wouldn't worry.

Shouldn't matter to him what you do with the money, but i bet in his head he thinks your going to just have a night out on the town over it.
Maybe goto his employer and ask for him to pay it. I am sure he doesn't want his companies insurance to go up.
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Old 12-20-2007, 07:03 PM   #13
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meeting him in the morning... I told him I don't take checks.
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Old 12-20-2007, 07:05 PM   #14
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If it's check or nothing, take the check. Make sure it's a real check (not a starter or anything) and it matches the info on his driver's license. Copy the check and his license together and give him a receipt. Then if you have any problems with his check, you have an airtight small claims case.

Also estimates are just that: estimates. You need to have a system in place in case the body shop needs additional payment at job's completion.
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Old 12-20-2007, 11:19 PM   #15
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one of my coworkers notice additional damage to the fender which is going to up the price a lot... so I called the insurance company. Sadly i think the dude may lose his job for not reporting the incident to his employer... but he fucked up, and I want my car fixed. Might go ahead and spend the extra cash to get a type 2 nose since the front needs to be repainted now anyways.
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Old 12-20-2007, 11:24 PM   #16
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Quote:
Originally Posted by Ben View Post
If it's check or nothing, take the check. Make sure it's a real check (not a starter or anything) and it matches the info on his driver's license. Copy the check and his license together and give him a receipt. Then if you have any problems with his check, you have an airtight small claims case.

Also estimates are just that: estimates. You need to have a system in place in case the body shop needs additional payment at job's completion.
Take cash. Court is weak and a waste of time.

Cash or bust
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Old 12-21-2007, 05:19 PM   #17
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Can't see why he would mess around about it. He told you he would pay the bill (Right?!) so the he might as well give you the cash up front. Right?!

I say give him until tomorrow. If no answer (or the wrong one) I would call his boss. The "Your emploey hit me with the company car and doesn't want to pay the damages" is probably the fastest way. Plus it might teach the sucker to look for cars the next time he parks the short-truck. Wish you luck!!
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Old 12-21-2007, 07:32 PM   #18
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Sucks he wants to be a dick about it. But you gotta do what you gotta do...some lady barely hit me in a parking lot. She was from florida and we all know they don't have hills there so they don't know what parking brakes are, it bent in my front bumper and cracked my turn signal housing...I had to dick around with her insurance company for a while, but ended getting all of my money back. The officer even said she had the choice of paying for it out of pocket...I told her before the estimate I'd take $500 bucks for paint, time, and labor....she was a bitch when I called her back after SHE told me to call her before I filed a claim against her insurance.

I got almost 900 from her insurance company and she got screwed with an accident.
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