What sould I do about this auto mishap?

Question

I was in my car at Blockbuster yesterday and a lady with her kids in the car parked next to me. She got out and her son in the back passenger seat hit my car. She said "Baby Boy you have to be careful"
Minor damage but a small dent is there on a new car. She could not see me in the car and I was shocked she left no note. So I moved my car away from her car (dont want another dent)

Went into Blockbuster & told her that her son hit my car. She said "What do you want me to do about it"? I told her I need her information and when I told her I heard her tell her son to be careful her eyes got big. She sent her older son outside and we exchanged info. He then told me I could get a tool at a auto store adnd pop it out.

I called my insurance and reported there info. We have the same insurance company. I have a $1,000 deductable. I don't think I should have to pay for it. thanks!

Answer 1

Get 2 estimates on the repairs for door ding.
This should be taken care of with her insurance policy not yours. You should not be paying anything through your policy.
Contact her insurance agent, she needs to file this with her agent since the damage is her child's fault and done by her car door. Or pay you directly. If she gives you a check **Immediately go to HER bank** and get the money.

Answer 2

I'm assuming that the other person hit your vehicle with their door? It is good that you got their info. When I worked for the carrier, if both parties had our insurance then we waived the deductible. You might want to check on that. I would file a claim under the OTHER person's policy (chances are they will set up a file under your policy too). Let the adjuster investigate the claim but tell your side of the story. If there are discrepancies between your story and the other party's story then you can go through your own policy to have the repairs done and then they will try to subrogate and get the money from the other person's policy (this is why it may be important to check on the deductible waivers).

You shouldn't have to pay for it but it is amazing the lies that people tell (I worked in auto claims for Allstate for 4 years). Next time, if you can, take pics of both vehicles and the other party. Show the heights of both vehicles and how the damage lines up to each other. This will protect you in the long run.

Answer 3

Insurance laws vary by state, but this might fall under her homeowners or renter insurance rather than auto because it was her son (unlicensed driver) that hit your car with an object. It's her liability since her dependent hit you in either case. This should fall under her comprehensive and her deductible. If you wind up paying deductible because your insurance wants to be that way, you can sue her in small claims court.

The better way to do it is to make sure the insurance company knows you want to file the claim against her policy and not yours. If they are trying to get you to pay through yours, it's because of conflict of interest on the insurance company's part and they are trying to get the claimant (you) to pay for the deductible (which makes you pay out of pocket for the dent and the ins. co doesn't pay squat) and then they can raise your rates as you are higher risk and make more money off you. That is a bad situation, so then you'd be better off going directly through small claims anyway. Most likely this person won't show up and you'll get a summary judgment, then the trouble is collecting. Depending on the damage cost, unfortunately, you might end up just paying out of your own pocket either way.

Answer 4

Make a claim. You should not have to pay anything. That small dent will cost big bucks to get fixed. (More than it should seem to) Then there is matching the paint. The tool the kid was talking about, "sometimes" works but will not remove a crease or fix the paint. You should not have to pay for someone elses stupidity and the arrogance of not leaving a note.

Answer 5

Hopefully she will cooperate. If not, you have no PROOF that she hit your car.. so she wont owe anything. You could sue her all day long and nothing will happen without proof.

If she does cooperate.. they can file a claim under her policy. If they find her at fault (again.. they need PROOF here.. not just the fact that you say she told you her son did it) then they will pay for your damages free of charge.

If she doesnt cooperate.. sorry.. thats life.. youll owe your deductible. Unfortunately if there are no witnesses, security cameras etc to prove.... they can do nothing.

Answer 6

if she's at fault you shouldn't have to pay your deductible if her insurance pays up - but good luck proving it all... if she denies it the insurance co will probably not persue it.
i had a lady back up in my lane and hit my front end.
she was all apologetic - but when it came down to the insurance claim she said i hit her.
however - luck was on my side because her insurance had been cancelled and i just used my uninsured motorist claim (still had to pay my $500 deductible - but the damage was over $1k)
good luck with this... maybe she'll settle out of pocket?

Answer 7

Unfortunitly, this happens too often. Luckily you witnessed it. In this instance, she should be responsible for the damage. If it's such a simple repair, as she claims, tell her she should get the tool and do the job! I bet then she'll tell you to get a estimate and she'll pay for the damage, rather than report it.

Answer 8

1,000 deductible means you're already paying for it if you had 300 deductible they might take it as a claim a dent is not major damage..get a suv

Answer 9

Is there parking lot surveillance at the store?

File small claims if u want.

Try dry ice on a hot day. It may pop out the dent.

Answer 10

She should have to pay. I always parked far away from people so this would not happen. Some people are so damn careless. To me it is a big deal when cars get door dings. It looks terrible. She should pay!!!