The problem is not with your insurance coverage. The issue is one of liability in damage to her car, but the deductible may be higher than the damage and nobody wants an insurance claim. If your deductible is $500, you have to pay the $460 with or without an insurance claim.
Part of it is about negotiating. For her to take you to court is a nuisance for her, and that only gets a judgement and does allow a defense on your part.
Normally, you make a settlement offer that is reasonable. That would be a number a little more than you think is fair, and will be less than what she wants. Your offer is a cash settlement and regardless of whether the damage is repaired or not.
The $460 amount is not unusual, and is typically the wrong path. What I tapped someone turning too quickly on a road, I settled on the spot for $100 in a tiny scratch without exchanging information. The longer it goes, the bigger the number tends to get.
That's why he runs a body shop and you don't....
If you try and respray a small patch on a panel, you NEVER get the paint to match exactly right and it stands out like dogs balls as a patch up job. If he takes another 30 mins and preps and sprays the whole panel any slight difference in colour etc gets lost in the gap between panels.
You can make an offer to pay part of the repair because there was already damage and see what she says. But the quote to repair YOUR damage would be $460, not matter what the rest of the panel looks like.
$460 is cheap, pay it and be grateful it's not more. You are legally responsible to make the other party whole. That means you are responsible to return their vehicle to the condition it was in before you negligently damaged their vehicle. If the entire bumper must be painted, then that's what you pay for.
There is no deductible on a liability claim, so the best approach is to let your insurance company handle it.
buffalo ny; i'm not a lawyer and i don't play one on tv.
due to the fact that bumpers are not made to bump with and they are often simply a decorative painted plastic or fiberglass, this is how it is done.
stop and think which is cheaper, a ticket, a fine, and a rate hike, or $460? if you had an insurance policy for this what would be the deductible if you had collision insurance? if it is 500-1000 dollars you are not only paying for it but a ticket with the police department could affect your insurance rates.
get a waiver of future damage liability approved by your insurance agent signed by the victim for the payment of the damages and keep all receipts. ask your lawyer for help as state laws vary. usually the law provides for the victim car to be repaired if and wherever they choose. whatever the lawyer calls your liability waiver from the victim will describe what are the circumstances of this payment from you. it is ok if she decides to pocket the money, that is her car and therefore her legal right. as they say on tv.
They can bill you for all reasonable costs seeing as how you apologised and admitted liability (big mistake) You are trying to patch up damage on the cheap. The lady, quite reasonably, wants the damage repaired properly.
If you refuse to pay the next step would be for the other driver to take you to court and sue you for the amount owing.
Think yourself lucky she hasn't been to her doctor complaining of a stiff neck and subsequently puts in a claim for whiplash, then you'd be talking tens of thousands not just hundreds.
If you have any sense you'll pay the repair bill and get her to sign a full and final agreement. The look into get proper insurance which will cover you for all incidents.
You are not going to like this answer, but yes. I have a friend who works in this line. Be thankful they are not charging you for a whole new bumper cover which would cost close to a grand.
File an insurance claim and let them handle it. Either that or she can sue you in civil court plus additional costs.
I know, it seems crazy for a bit of chipped paint. But that is the way the insurance, body shops, and legal system works.
Your liability insurance will cover the cost - that is why we are required to carry liability. Call your insurance agent. - not that big of a claim - probably won't affect the rates.
this is the exact damage done to the car
a body shop gave an estimate, so, this makes it the amount the damaged has caused
your estimate does not and will not mean a thing if you went to court
you rear ended someone, your fault
less than 500.00 is cheap today to fix someone's car that you damaged
not what you want to hear, but, this is how I see it will play out
Hi reporting it to your insurance won't do much but raise your rates.. beside your deductible is most like $500.+ so you well be paying it anyway out of pocket anyway..
No. You need to talk to your insurance company. The insurance company will handle all the work for you.
The Story: So basically I was waiting in a left hand turn lane behind this 2003 oldsmobile. The light turned green and she started to go forward and so did I, as I was slowly pulling forward I looked to my left because I heard honking. I looked over for a good 2 seconds before turning my head back over to see that the lady stopped for NO reason right in front of me on a green light. I stopped as fast as I could and it was too late and I tapped her very lightly on her bumper, we pull over to the side and I apologized and tried looking for the damage. Her car was a little older so there were some obvious scratches that were there from before my hit. We both came tp the conclusion that these two very small chips in the paint from me. They were no bigger than 2 cm tall and wide. So she took it to the body shop and the mechanic said it would cost $460 and that they would repaint the WHOLE back bumper. After she told me this I called the mechanic and asked him why it had to be the whole bumper and not just touch up the chips where I hit her car. And he said that it wasn't an option and he had the balls to even mock me and say, "That's why I'm the body shop and you're not". I then politely told him to go screw himself and that I will touch it up my damn self. I am NOT paying $460 for a whole new bumper when I only put two scratches there. That is OUTRAGEROUS! I am a college student currently unemployed and my insurance is liability and won't cover it.
