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View Full Version : Parking Lot Accident - Paying Out of Pocket Wisconsin


SaraLynn
09-25-2006, 04:14 PM
I recently very lightly rear ended a car in a parking lot. The damage caused to the other car was a few scratches. It was totally my fault. We exchanged information and I was sent a quote the person got to fix the damage from an auto body repair shop. Since it is less than my deductible I have decided to just pay them a check - rather than deal with insurance. Does the person I hit need to use that money to get their car fixed? What should I do to ensure this whole ordeal is over and they don't come back at me for more money?

rainasky
09-25-2006, 04:51 PM
I think that using the money for anything OTHER than having the car fixed (and under the assumption that your insurance company was paying for it) would be insurance fraud.

turbowray
09-25-2006, 05:28 PM
I would think if the car can still run without the repairs, it would be thier decision, if they want the car to look hit still or not. I have heard of people choosing not to fix thier car. I don't know if this is illegal, but like I said, I have heard of this happening alot. This is a big probability, if you choose to pay without a claim with your insurance company. I would make sure to have a lawyer at least draw up papers claiming that by accepting the money you give them, they will not pursue any other monetary damages in the future.

SaraLynn
09-25-2006, 07:03 PM
They know that this is not going through insurance. From what I have read on other forums, it sounds like it is the owners decision if they want to get the car fixed or not. You have to pay regardless if they get the vehicle fixed or not. I guess I am less concerned about them getting the car fixed, I just don't want to fork out any more money. I think I will just have some papers drawn up that say this is it. Thanks.

turbowray
09-26-2006, 05:36 PM
They know that this is not going through insurance. From what I have read on other forums, it sounds like it is the owners decision if they want to get the car fixed or not. You have to pay regardless if they get the vehicle fixed or not. I guess I am less concerned about them getting the car fixed, I just don't want to fork out any more money. I think I will just have some papers drawn up that say this is it. Thanks.
Sounds good to me! Good luck with this, I think, if you have papers drawn up, that will squash any ideas of asking for more later.

Differentlyabled
09-28-2006, 09:23 PM
You were obviously at fault and damage was caused regardless of however slight it may have appeared. The aggrieved party has made a legitimate attempt to determine the cost to repair the damage via a professional body shop vs. Uncle Jim the mechanic or his neighbor’s best guess.

Prior to meeting you the person had a vehicle worth X. After your unfortunate encounter the vehicle was worth X – (the cost to repair). To return this person to point X is known as being made whole. It is neither unreasonable nor unusual for the person to demand you (or your insurer) to be financially responsible. If you feel the quote looks legit and above board, make him whole. What he does with the money is none of your concern or your business; you have made them whole by bringing him back to point X. It would be wise to draft a statement which the other party must sign to absolve you of any further responsibility in this matter, having an attorney do this would be a waste unless you know Uncle Jim the attorney. You are obviously a very honest person so the above situation is quickly resolved, good for you! However in the future you should always call your insurance company to protect against hidden perils! You could be at risk and that’s what you have insurance for. These types of situations can and do happen every day and after the fact people sometimes have selective remembrance or can be influenced by greed and dishonesty.

Many people tend to avoid informing their insurance carrier for fear of raised rates!!! However, this is not necessarily going to happen. Typically if this doesn’t cost your company any money because of your deductible you are not going to be assessed a rate increase. Generally you only see rates rise if an insurer shells out $300 or more of their money (after your deductible) or you get the dreaded speeding ticket or worse. Plus you don’t have to waste anymore time worrying about this event. What a bargain. Your insurance company is there to protect your interests both legal and financial. They do and that’s why you pay them.

Your situation seems to be going smooth (this time) but let’s look at a slightly different scenario and assume you do call your insurance company. When you get home you call NationSlide and tell them you what happened. You are basically done at this point. When NationSlide speaks with the other party they determine this other car had been moving too and maybe was partially at fault and each party is required to pay for their own damages, you have none so the game’s over. Go NationSlide! But a more realistic scenario is that NationSlides claim adjuster realizes you are at fault and they insist the damaged car must be taken to their company’s preferred shop or to their field adjuster. Surprisingly, the shop manager or adjuster says it only will only take 30 minutes of labor to polish this tiny scratch. This is determined to cost $146 to include an allowance for 1 day use of a rental car. Your out $146 versus the quote he had for $326 (must have been an inside job!). Game over. Go NationSlide!

Parking lot mishaps are probably the worst and most frequent types of accidents where it ain’t over till the check is cashed. It’s private property, the police will not come. I’ve had situations where some jerk was speeding across the middle of the parking lot and I’m in my lane trying to leave at a reasonable speed and POW I get T-boned. Three people had to pry the doors open so I can get out. It’s a pretty funny scene where there are cars parked properly and life generally is an orderly scene. To see a car mangled by such a high speed accident is pretty unusual. Furthermore the Wal-Mart staff were expressly prohibited from calling either the Police or Fire Department fearing liability (the jerks). His company paid. At first she thought I was at fault, he had flatly denied liability by saying he had the right of way. When I explained that I was following the designated flow for normal traffic at reasonable speed versus her client’s cutting across lanes at breakneck speed she had heard enough. Game over…hello new car!

It is always a good idea to involve your insurance company regardless of fault. In fact your policy probably has language making it mandatory to notify them within 24 hours or so. As mentioned earlier they generally won’t raise rates until they have shelled out over $300. In you had a $500 deductible that means damage of $800 must be incurred before you see that increase. If your bumper buddy had suddenly developed a case of whiplash or decided to have a seizure 24 hours after the accident (because his buddy told him to) and you had not notified your company, you’d be in deep Kim chi. By the way, I’m sure your company has told you never to admit guilt or fault at the scene. It’s good advice. There are many people who live for opportunities like your wreck to pad the Xmas fund even with the most minor of accidents. Always get any witness names and numbers. Parking lots are a war zone, be careful. Lastly, always remember, pedestrians always have the right of way.

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