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Old 01-10-2014, 08:35 AM   #1
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My car got hit. Now what?

I should have posted sooner, but I digress. My car got backed into at work on the 31st by an elderly gentleman...multiple times. The paint is scuffed on the driver's quarter and there is a slight distortion of the panel between the main side lines and wheel well. I got his information, an officer was already there and gave us police reports to fill out. I contacted the gentleman's insurance a day or two after it happened and filed a claim. This past Monday I received a call from the insurance company saying they were "investigating his coverage" and it may be possible he was not covered at the time of the incident and they would contact me at the end of their investigation.

Now what?

I have a copy of his driver's license and a police report he filled out admitting guilt, but he didn't sign it to my knowledge, pictures of both cars, a VIN and plate number, etc. I got a "worst case scenario" estimate of $1100 but was told it may be able to be done for around $300 with paint-less dent repair. If he wasn't covered, should I take him to court and go after him for the $1100 and maybe more for "depreciation"? Do I try to contact him privately and see if would be willing to pay for the damages out of pocket? It's not worth it for me to make a claim on my own insurance due to my deductible and I don't want my rates to go up.
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Old 01-10-2014, 08:44 AM   #2
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Sorry to hear that happened but at least it wasn't bad and nobody got hurt. Just sit and wait and see what happens. That is ****ty and I would contact him and threaten him with court to see if he'll pay it out of pocket but as for actually following through with it. Court costs may outweigh just paying it yourself. If it is $300 its definitely not worth it but get a no **** real estimate before you do anything if his insurance isn't legit.

This is why everyone but ESPEICALLY old ppl need to take written/practical driving tests every 4 years. Call it discrimination, I've had to help my parents pull two of my grandparents off the road against their will because they were legit dangerous to the point they were potentially going to kill someone. 2 years ago right down the road from my work a 90 year old guy just blew through a stop sign at a 4 way intersection that had been there FOREVER and killed a child/injured 3 other family members. Old ppl piss me off...
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Old 01-10-2014, 08:53 AM   #3
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I hadn't even owned the car for 3 weeks. It wasn't even registered yet. I was on the clock when it happened so I had to remain professional, but believe me all I saw was red.

The man was 82 years old, driving a 2010 Lexus hybrid. I went outside and he was still in gear resting against my driver's side door. He pulled out of the parking stall and I had him back into it again so we could sort it out. While I was standing behind his car giving him hand signals, he backed into a pole. He's exactly the type that shouldn't be on the road.

As far as estimates go, the first one was a legit estimate. I've used that shop before and they do incredible work, mostly on high end classics. But as for the estimate I'll be turning in to his insurance or him personally, let's just say I have some friends in the field. Thankfully my car is white so the distortion isn't that noticeable for now.
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Old 01-11-2014, 11:19 AM   #4
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In my opinion, push the insurance company to make a speedy determination on the old man's coverage. If it turns out he was uninsured or underinsured at the time of the accident, file a claim with YOUR insurance company, provided you have Uninsured/Underinsured coverage yourself.
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Old 01-11-2014, 12:13 PM   #5
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I forgot to post an update. I spoke with his insurance company yesterday as to an update on the "investigation". It turns out he sent in a payment either for, or that was applied to, the wrong vehicle. He is a retired doctor and apparently an excellent policyholder. They told me they are waiting for one more document to come back and that should be Monday-ish, apologized for the delay, and his personal agent said "Seems like an open and closed case. I see no reason why we wouldn't accept your claim."

I have Uninsured/Underinsured coverage, but the downside to filing a claim with my own insurance is for a few reasons:

-I don't want my rates to go up for something this stupid.
-My collision deductible is $100 under their 'worst case scenario' estimate.
-I have a written admission of guilt on two different documents AND a witness, along with all of his vehicle information.
-It's so unnoticeable that it's not worth paying anything out of my own pocket to fix.
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Old 01-11-2014, 01:34 PM   #6
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Quote:
Originally Posted by KSconvert View Post
I forgot to post an update. I spoke with his insurance company yesterday as to an update on the "investigation". It turns out he sent in a payment either for, or that was applied to, the wrong vehicle. He is a retired doctor and apparently an excellent policyholder. They told me they are waiting for one more document to come back and that should be Monday-ish, apologized for the delay, and his personal agent said "Seems like an open and closed case. I see no reason why we wouldn't accept your claim."

I have Uninsured/Underinsured coverage, but the downside to filing a claim with my own insurance is for a few reasons:

-I don't want my rates to go up for something this stupid.
-My collision deductible is $100 under their 'worst case scenario' estimate.
-I have a written admission of guilt on two different documents AND a witness, along with all of his vehicle information.
-It's so unnoticeable that it's not worth paying anything out of my own pocket to fix.
Glad to hear your claim will be accepted.

Filing a claim with your company, because someone else failed to carry adequate coverage, will not automatically raise your rates. Most states require uninsured/underinsured coverage for this purpose. In addition, some states passed laws that make it illegal for companies to raise rates or cancel policies when their policyholder is involved in a no-fault accident, regardless of whether the other driver had adequate coverage or not. Check your state laws. Your insurance company should be able to tell you if your state has these customer protection laws. If you are insured by a reputable company that values their good customers, they'll handle your claim and not raise your rates or cancel you.
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Old 01-13-2014, 12:24 PM   #7
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I would also request (assuming his insurance covers this accident) a claim for "Diminished value". Your brand new Mustang is now going to show it was involved in an accident, and when you go to trade it in or sell it out right, it will show up as such in a Car Fax report, making it loose some value. For this, you can request for "DIMINISHED VALUE".

Read about it here:

Diminished value - Wikipedia, the free encyclopedia

http://www.settlementcentral.com/page0455.htm
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Old 01-13-2014, 12:32 PM   #8
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Quote:
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I would also request (assuming his insurance covers this accident) a claim for "Diminished value". Your brand new Mustang is now going to show it was involved in an accident, and when you go to trade it in or sell it out right, it will show up as such in a Car Fax report, making it loose some value. For this, you can request for "DIMINISHED VALUE".

Read about it here:

Diminished value - Wikipedia, the free encyclopedia

http://www.settlementcentral.com/page0455.htm
x2!!!
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Old 01-13-2014, 12:39 PM   #9
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I was going to opt for that if I have to take him to court, I wasn't aware I could do it through insurance. The links you posted only mentioned substantial damage and mainly focused on structural repairs. Being that only sheet metal and paint were damaged/scuffed, is this still a viable request?

The two estimates I've received are one for $1100 and one for $856. Both involve repainting a section of the car. Would that be enough, given such a small amount of damage?
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Old 01-13-2014, 12:58 PM   #10
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Might be better to talk to the guy or if someone else has Power of Attorney talk to them and get it fixed on the side. Better for all parties involved. His premiums won't go up, no accident reported on carfax unless its alredy too late for that.
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Old 01-13-2014, 01:04 PM   #11
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It's already been submitted to his insurance and I don't have any of his contact information. He's 82 and a retired doctor. I'm pretty sure he won't be bothered by higher premiums, lol.
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Old 01-14-2014, 03:10 PM   #12
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I would also request (assuming his insurance covers this accident) a claim for "Diminished value". Your brand new Mustang is now going to show it was involved in an accident, and when you go to trade it in or sell it out right, it will show up as such in a Car Fax report, making it loose some value. For this, you can request for "DIMINISHED VALUE".

Read about it here:

Diminished value - Wikipedia, the free encyclopedia

http://www.settlementcentral.com/page0455.htm
True. In our city hall parking lot, an old lady backed into my '07 GT (at a high angle) hard enough to wrinkle the bumper cover and scar it up. Nothing else was damaged. I refused a "repair and spot paint" that her insurance company (State Farm) wanted to stick me with. I instead replaced the bumper cover with a "new takeoff" part. I later found that Car Fax showed it was in an accident. The car didn't even have a rock chip or scratch on it anywhere in my 5 years of ownership.
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Old 01-15-2014, 12:58 PM   #13
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I'm sure you will be fixed up and happy.

I agree some old people ( NOT ME) should not be driving.
I had an old lady back into my Suzuki Samurai at Walmart's parking lot. She was in a newer Cadillac and her back bumper got hooked in my front bumper. She then pulled off and her bumper came off. There was A Police officer already there and many witnesses that told him the Suzuki was parked and nobody at all in it. I had "NO" Damage at all. Her car looked horrible but drivable after the bumper cover was completely removed.
She got a ticket and I got a Police Report. ( I went to the station the next day and picked it up just in case) It did not hurt my car so I just wanted to protect myself for any future problems which there was none.
I don't know how old she was but she looked about 90 or more. I guess she just backed up until she hit something and then put it in drive.
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Old 01-15-2014, 05:24 PM   #14
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I agree some old people ( NOT ME) should not be driving.
I had an old lady back into my Suzuki Samurai at Walmart's parking lot. She was in a newer Cadillac and her back bumper got hooked in my front bumper. She then pulled off and her bumper came off. There was A Police officer already there and many witnesses that told him the Suzuki was parked and nobody at all in it. I had "NO" Damage at all. Her car looked horrible but drivable after the bumper cover was completely removed.
She got a ticket and I got a Police Report. ( I went to the station the next day and picked it up just in case) It did not hurt my car so I just wanted to protect myself for any future problems which there was none.
I don't know how old she was but she looked about 90 or more. I guess she just backed up until she hit something and then put it in drive.
Ronnie
Lol yeah my grandmother on one of the last times she ever drove almost ran my mom over pulling into the driveway and smashed our garbage can full of trash all over the place. She gets out "did I hit it, oh haha" and then walks into the house leaving me and my mother to pick it all up and I thought my father was literally going to pop a blood vessel in his forehead. This was when I was like 10 or 11.

I'm not saying "pull all old ppl off the road" but I do think that EVERYONE should be required to have a practical test every 4 years when they get a renewal and if they can't pass... well... Be required to take a remedial class and if still no pass yank off the road until they can. But that'll never happen, just have to be vigilant.
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Old 01-27-2014, 03:19 PM   #15
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Well my car got hit on the 31st. I just got a call this morning saying they are going to go ahead and pay the claim. Thank *****g God.

I set up an appointment with one of their claims adjusters, expecting go get the shaft. Not only did they write me an estimate about $150 over the shop I was going to use, but they cut me a check on the spot. Now if you remember, the original shop gave me a "worst case scenario" estimate and said they MAY be able to do paintless dent repair for a fraction of the cost.

My day just got much better.
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Old 01-27-2014, 03:23 PM   #16
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I was going to opt for that if I have to take him to court, I wasn't aware I could do it through insurance. The links you posted only mentioned substantial damage and mainly focused on structural repairs. Being that only sheet metal and paint were damaged/scuffed, is this still a viable request?

The two estimates I've received are one for $1100 and one for $856. Both involve repainting a section of the car. Would that be enough, given such a small amount of damage?
Yes. Any damage that is repaired can be considered diminished value to your car.
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Old 02-04-2014, 12:31 PM   #17
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If it makes you feel less alone, my car was hit in a parking lot by a 90 year old man just three days ago trying to parallel park his Buick where it didn't fit. He hit the car behind him twice and mine once. I have a nice deep scratch and some smudged paint on my front bumper, I can't tell if it's my paint or his because both cars are gray. I had to ask him three times for his insurance card before he could even understand what I was asking for, each time taking him at least five minutes to come back to me with something. Fortunately, I believe he is rich and is going to pay out of pocket.
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Old 02-04-2014, 01:36 PM   #18
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That doesn't make me feel better, lol. Just makes me more sad that old people are driving around stil.

I had to bail on the appointment with the body shop yesterday because my toothache got even worse. The tooth is gone now thankfully, and I might take up my buddy on his PDR guy.
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Old 02-04-2014, 01:58 PM   #19
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There is a traffic light near my work that used to be a 2 way stop forever. Like... decades. Local 50mph route crossed with a 45mph backroad, normal stop, look, go. Well about 5 years ago an elderly man ran through the stop sign and T-boned a minivan killing a 6 year old. Made me really REALLY for mandatory road tests for old people.

Then... and I'm not making this up... about two years ago I was at the same place stopped at the new traffic light, it turned green and I started to go only to slam on my brakes as a dumptruck full of gravel driven by what looked to be a 30s/40s guy blows right throuh the red light. Another 2 seconds and I dunno what would have happened. He was doing at least 50-60mph and I was in my Expedition and would have been hit on the passenger's side with nobody else in the truck but me but... I've seen chase videos of what happens when a big truck hits something. Even in the full framed truck I don't think I'd have had a good chance...

This is why I believe there should be mandatory tests for everyone and I did like the stoplight cameras when we had them working in NJ. A LOT less ppl would try to beat the turn arrow or the yellow light when they knew they'd actually get a fine for it.
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Old 02-04-2014, 03:46 PM   #20
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My work is right on a busy corner with a merging right turn at the light. I have to turn left and cross 2 lanes and in front of the right turn immediately in order to get into my work. I can't count how many times people have flat-out ignored the YIELD sign and just blown through the turn at 30mph and either almost rear-ended me or sideswiped me. If it wasn't for the fact that it happens when I go into work, I would chase them down and beat them with a stick.

People get licensed in this country way too easily. I wouldn't be mad if we adopted a system similar to Germany.
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Old 02-07-2014, 06:21 AM   #21
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Mandatory testing should and would have to be done for all licensed drivers. In the U.S., you could not target a group of persons, such as the elderly, because it's seen as a form of prejudice. It would never get past the courts. It's been tried, but fails.

Besides, there are cases, mentioned here, that show it's more than just elderly folks. How many of us have been almost side swiped by an idiot who's trying to text or dial on their cell phone?

I could see it this way: if you get a traffic violation or are involved in an accident that was caused by you, then you are required to be re-tested to keep your drivers license.

I'm betting there are many that will not accept this method either.
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Old 02-07-2014, 07:17 AM   #22
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Bucko is right

There are a lot of old geezers that are fine. I would bet that there are way more young smart ,can't wait until they stop texters causing accidents then all of the over 80 people put together.
The problem I see is when an old person has a crash it hit's the news on every TV station, But you have to really read the back section of the local section in a newspaper to see if around a 35 year old driver got involved in a crash.
The newest youngest drivers are involved in the most accidents and they just got tested.
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Old 02-07-2014, 08:00 AM   #23
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It's hard to blame new drivers simply because the system is *****. Government employees that HATE their jobs aren't failing people because it makes their already bad job even worse. They can fail you for the written test all day, but there are too many loopholes to pass the driving test. I took a private certified driving class over a weekend so thankfully I didn't need to take it through the DMV, but even that was terrible.

I can't decide if I hate cautious and nervous drivers more, or overly agressive and crazy drivers. They're both very dangerous to people around them, which is why I flat out refuse to take a defensive driving course. I drive relaxed, one hand on the wheel (unless the roads or traffic are armageddon level), and pay attention to my peripheral vision rather than darting back and forth between mirrors or glued to the road ahead. When I see someone acting nervous or aggressive, I slow down, stay out of their way, and pay close attention to what they're doing. It's saved my car and maybe even my life several times.
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Old 02-07-2014, 08:14 AM   #24
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i got hit not too long back some young guy hit me and drives off causually while im banging on his window to stop lol but i found were he worked and then found out he was deaf would explain..... but his mother told me we could settle out side of court and just take it to my body shop or if we wanted her brother could fix it he had a spray shop and mabey he could do extra so i went for it mabey he will settle outside.... you dont want to be on all states safe driver bonus black list do you
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Old 02-07-2014, 08:24 AM   #25
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Surprisingly, most of the elderly around here are good drivers, it's the people in their 30s and 40s you have to worry about. I was sitting in my car in a parking lot eating lunch. I felt this hard thump. Some idiot in a red Honda Pilot backed into the back driver corner of my 2005 Mustang (only had it 3 weeks). Luckily it only hit the bumper but the paint is cracked. He got out, said it was ok because my bumper was already scratched (its a 9 year old car) and I said give me your insurance or I'm calling the police. He quickly got in and floored it with his wife and kid. It's a red Honda Pilot, PA plate beginning with I think HTY.
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Old 02-07-2014, 08:46 AM   #26
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Surprisingly, most of the elderly around here are good drivers, it's the people in their 30s and 40s you have to worry about. I was sitting in my car in a parking lot eating lunch. I felt this hard thump. Some idiot in a red Honda Pilot backed into the back driver corner of my 2005 Mustang (only had it 3 weeks). Luckily it only hit the bumper but the paint is cracked. He got out, said it was ok because my bumper was already scratched (its a 9 year old car) and I said give me your insurance or I'm calling the police. He quickly got in and floored it with his wife and kid. It's a red Honda Pilot, PA plate beginning with I think HTY.
That's just downright *****ty. My 1986 MR2 got hit while I was at work downtown on a big bar night. I watched it happen and the guy slowly pulled away. He only parked on a side street because a customer of mine was outside screaming at him that she got his tag number, and my store has fairly heavy police traffic on bar nights. He got out, apologized and went back to his truck "to get his insurance" and started his truck, a 2007 Avalanche. I took off towards him in a dead sprint. Just as he began to peel out, I lowered my shoulder. He had an upside down teardrop dent in his bed, between the cab and rear wheel about 2ft long where my body met it.

Two gang unit officers witnessed it, the customer gave me his tag number. I filed the police report, got the officers statements and my insurance took care of the rest. He did $800 in damages to my bumper (his trailer hitch punched a hole in the fiberglass). I did about $2k damage to his truck, but the officers conveniently forgot to put that in their statements.

Fck the hit and runners.
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Old 02-07-2014, 09:44 AM   #27
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Lol wow you are either a big dude or the adrenaline level was just way up (probably both) that is nuts. Good on you though. Good on the police not trying to screw you over too. That's like a recent article I read where a guy robbed a store where some Marines were holding a recruiting drive out front. One of them tried to stop him on the way out and he sliced at him with a knife. The 3 other Marines there beat the robber within an inch of his life like... multiple broken bones, lacerations, internal bleeding etc... Police report read he sustained the injuries when he lost his footing and fell. Only bad thing is I'm sure taxpayers picked up the medical bill. Oh well.

As far as adopting Germany's driving laws as was suggested earlier. Yeah, I noticed over there that the average German drivers were much better, everyone understood that you stay the hell out of the left lane on the autobahn unless you are passing and even in Berlin I didn't see nearly anything like I do in Philly or NYC or DC around here. Also everything in that country is just really REALLY well built...
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Old 02-07-2014, 09:58 AM   #28
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Haha that was back when I was lifting. I wasn't huge, but I was a pretty solid 180, also a lifetime soccer player (stopper) with a pretty explosive sprint...not much of a distance runner though, lol.

Their accident and mortality rate is HALF of ours, even considering the autobahn. Plus their licensing lasts a year or two of classes with theory and practical testing, along with a $3000 pricetag, higher insurance and gas prices, and very strict driving laws. People over there don't drive unless they have to, and pay too much to jeopardize it. You get a pretty hefty fine if you're in the left lane on the highway and holding up traffic.
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Old 02-07-2014, 02:49 PM   #29
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As far as adopting Germany's driving laws as was suggested earlier. Yeah, I noticed over there that the average German drivers were much better, everyone understood that you stay the hell out of the left lane on the autobahn unless you are passing and even in Berlin I didn't see nearly anything like I do in Philly or NYC or DC around here. Also everything in that country is just really REALLY well built...
Scotty, I have my British drivers license (gotta love dual citizenship) and driving in Europe is massively different. In England and in Germany no cruising in the passing lane is heavily enforced by police. Heck, in England if you don't take your test in a manual transmission car you only get a half license.

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Haha that was back when I was lifting. I wasn't huge, but I was a pretty solid 180, also a lifetime soccer player (stopper) with a pretty explosive sprint...not much of a distance runner though, lol.
KSconvert, it's football. lol And I'm a goalkeeper. I went to college in McPherson, 6o miles north of you. I'd frequent Wichita on a weekly basis in my white '66 Mustang.
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Old 02-07-2014, 07:20 PM   #30
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Scotty, I have my British drivers license (gotta love dual citizenship) and driving in Europe is massively different. In England and in Germany no cruising in the passing lane is heavily enforced by police. Heck, in England if you don't take your test in a manual transmission car you only get a half license.



KSconvert, it's football. lol And I'm a goalkeeper. I went to college in McPherson, 6o miles north of you. I'd frequent Wichita on a weekly basis in my white '66 Mustang.
You can call it that because you're British. When people around here hear American's call soccer "football", they think we're just being ******bags lol. i always respect goalkeepers. It takes a lot of guts to get in front of those kicks. I tried it when I was 12 and failed miserably. I started as a striker, but my coaches noticed me running all the way back to our defense and ruining people's day if someone stole the ball from me. I've been a stopper ever since.

England also has tons and tons of speed cameras, as Top Gear BBC has made sure to point out.
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Old 02-08-2014, 12:49 PM   #31
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Oh yeah, there's a sh** ton of 'em. lol I LOVE Top Gear. lol I'm on the waiting list for audience tickets. They can get away with so much more than that crap version the US has.

And of course there's the congestion charge for driving a petrol vehicle into the center of London. I'm planning on moving back to England and taking my '66 Mustang with me. Once it's restored, I'd have to pay tax to put it on the road, then tax for the road, than tax on the petrol, then tax on that petrol tax, then tax on the insurance... lol
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Old 02-08-2014, 03:44 PM   #32
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Yeah your gas prices are nucking futs over there. I go to Europe and it's like quadruple what we pay in the USA and ppl here still ***** about gas prices lol. Although if you are US Military you get a gas ration card and can buy so many gallons at US prices on base. Funny to be in Kaiserslauten, Germany and see all these little turbo diesels and then here comes a dude in the US Military around the corner in a lifted Super Duty on those narrow roads LMAO.

And as far as futbol vs football. Eh, soccer/football is a zillion times more popular worldwide, it isn't even close. Heck, I prefer Ice Hockey myself. I guess that makes me un-"Amurican".
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Old 02-08-2014, 03:53 PM   #33
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OHMYGOD I was in Hamburg during the 2006 World Cup in Berlin. There's nothing like it. Most Americans can't even begin to understand because of our mindset of "if it's not American, it's crap."
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Old 02-08-2014, 03:59 PM   #34
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In 2006, I was in Munich, at Oktoberfest. lol
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Old 02-08-2014, 04:01 PM   #35
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In 2006 I was still single and free... Been to Oktoberfest though, holy balls.
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