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  #73  
Old 10-13-2013, 10:00 PM
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Re: 2014 Limited damaged in parking lot

I have a question,Is there any paint damage? I ran over a large piece of concrete and damaged the black piece under the Grill. The whole front end is a series of parts held on with clips. I ordered the parts and replaced them myself. But I didn't have any paint damage.
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  #74  
Old 10-13-2013, 10:08 PM
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Paint is fine. Plastic torn. But the impact to the lower removable part (the one for extra clearance off road) on my jeep tore off a securing point of the bumper part above it making it impossible to repair without replacing both parts. Now both require a paint and finish job. There's a little scratch to the chrome but otherwise it's fine and I'm not going to bother having the chrome part replaced.
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Old 10-13-2013, 10:12 PM
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Quote:
Originally Posted by bill_de View Post
Maybe this would be a good case for Judge Judy. That way nobody loses, and she'll have it wrapped up before the next commercial.


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That would be fun... for the audience
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  #76  
Old 10-14-2013, 10:43 AM
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Re: 2014 Limited damaged in parking lot

Update. Last week I called the guy and left a message. Several days went by with no response so last week I sent a demand letter via certified mail. Today, the guy called me. I put my cell phone in record mode. He explained he had been sick and that he just got to his messages. He has not yet received my certified letter. He wanted me to let the insurance companies sort the matter out to which I told him no, my deductible is too close to the damage.

He seemed like a pretty nice guy, just not wanting to cough up any cash... yet. I told him to look at the letter when he gets it (probably tomorrow) because I attached pictures (as well as informing a suit would be the other option if we couldn't work things out). He seemed willing to at least see what my argument is against him.

He claimed in over 10 years he has never had anything like this happen and kind of implied that he thought it was my fault. At another point he said he's had it happen before and the person backing out is at fault. I gave him until Wednesday to call me back and offered to email him the pictures if he didn't get the letter tomorrow. He called me as I was getting a ride back from the body shop this morning.

BTW, he did say it was a "chair lift".
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  #77  
Old 10-14-2013, 10:55 AM
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Re: 2014 Limited damaged in parking lot

Although kudos for being able to track this guy down and get his info, it kinda creates this awkward situation with a handicapped person. I don't know...

What is your ideal outcome here? Obviously, getting cash for the fix and not having to use insurance, but what would be the second tier "best" outcome?
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Old 10-14-2013, 11:02 AM
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Re: 2014 Limited damaged in parking lot

Quote:
Originally Posted by Chunderboy View Post
Although kudos for being able to track this guy down and get his info, it kinda creates this awkward situation with a handicapped person. I don't know...

What is your ideal outcome here? Obviously, getting cash for the fix and not having to use insurance, but what would be the second tier "best" outcome?
I really don't think a disability should make anybody less liable unless it is for a valid reason. Clearly this person knows to put the lift up in his driveway. Why not a more traveled and compact parking lot with more obstructed views?

I understand the tendency to feel sorry or bad for people with disabilities, but it shouldn't give them free reign to act negligently when it is within their reasonable power not to.

I've already conceded to dropping the repair cost $200 by not getting the chrome fixed, I have a 2014 vehicle with less than 10,000 miles on it and that will have non-oem replacement parts installed (to reduce cost). I've already stated that I would be willing to absorb some of the cost myself despite not feeling I should. And have a disability myself but have only brought it up when other people bring that up. I don't think I'm unreasonable seeking $800 dollars in compensation.

What do you think a second-tier best outcome would be?
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Old 10-14-2013, 11:41 AM
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Re: 2014 Limited damaged in parking lot

Your deductible has nothing to do with you asking him to pay. All he has to do is turn the letter over to his insurance company and they are involved. If it goes to court, his company will provide an attorney.

If you try to convince him not to go that route and it winds up going to court, that will reflect badly on you.


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Old 10-14-2013, 11:45 AM
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Re: 2014 Limited damaged in parking lot

Quote:
Originally Posted by bill_de View Post
Your deductible has nothing to do with you asking him to pay. All he has to do is turn the letter over to his insurance company and they are involved. If it goes to court, his company will provide an attorney.

If you try to convince him not to go that route and it winds up going to court, that will reflect badly on you.


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Well, as I told him, based on my understanding. I didn't actually bring up court in the phone conversation just that I wanted to resolve it. I did bring up court in the letter but that was only if he decided it couldn't resolve outside of court. I'm not going to pretend I understand insurance because I don't. I've never had to use it before or deal with it aside from paying premiums. It is good to know so thank you for that info.
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Old 10-14-2013, 12:00 PM
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Re: 2014 Limited damaged in parking lot

If I was him I would turn it over to my company. Chances are (depending on local law) it will not be a chargeable accident for him as the car was stopped. If it turns out you are entitled to recover, nothing would be out of pocket for him as typically there is no deductible on liability insurance. It could become a chargeable accident for you, although probably not because of the low $$ amount.


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Old 10-14-2013, 12:02 PM
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Re: 2014 Limited damaged in parking lot

Quote:
Originally Posted by bill_de View Post
If I was him I would turn it over to my company. Chances are (depending on local law) it will not be a chargeable accident for him as the car was stopped. If it turns out you are entitled to recover, nothing would be out of pocket for him as typically there is no deductible on liability insurance. It could become a chargeable accident for you, although probably not because of the low $$ amount.


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I'm getting an education here. Can you elaborate on what is meant by chargeable? I appreciate you educating me on the matter. Do you mean that in the legal sense or from an insurance standpoint?
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Old 10-14-2013, 12:35 PM
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Re: 2014 Limited damaged in parking lot

Quote:
Originally Posted by argue4u View Post
I'm getting an education here. Can you elaborate on what is meant by chargeable? I appreciate you educating me on the matter. Do you mean that in the legal sense or from an insurance standpoint?
I'm talking from an insurance point of view. I know in some places DMV requires somebody be considered at fault in any accident, excluding private property. Insurance companies keep track of accidents for 2 reasons. One is to determine rates, the other is to make underwriting decisions on whether or not to renew a policy. As mentioned, with such a small amount I doubt it will be a problem for you.

But, even if he is found to be 50% at fault, then you are considered 50% at fault. When I started in insurance claims in NY, drivers were required to notify DMV of any accident where total damage (all vehicles combined) exceeded $1,000. By the time I retired it was $2,500. I guess it is even higher now. Also if there were any injuries in any car it has to be reported.

Insurance companies are usually required to report any damage (above a certain $$ amount) to NICB (National Insurance Crime Bureau). Those records are kept so insurance companies get notified if the same claim is made multiple times to multiple companies. I've heard, but haven't confirmed, that CarFax has access to and uses those records.

Once you start the ball rolling there is no knowing where it ends up.

One other potential problem that I mention, but don't believe will be an issue. If you fail to make a report to your company and later find the damage is more than you thought, or the other party puts a claim in against you, your company can wash their hands of it and leave you hanging out to dry. Your policy (a contract) requires you to report any accident, not just ones that you want to recover from.

Last thing while we are on the subject. If you have $1,000 deductible and $1,100 in damage you get paid $100. At that point your company has the right to subrogate. They will go after the $100 they paid out and your $1,000. They may not be required to do that, but in my experience they normally take some initiative.

I'm taking a coffee break.


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Old 10-14-2013, 12:43 PM
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Re: 2014 Limited damaged in parking lot

My last vehicle got door dinged really bad in a parking lot and I actually witnessed the guy do it. After a heated argument, he ran off, cops called, report filed just on principle ... that turned out to be the worse mistake I'd made in a long time.

I found out 2 years later the officer filed the report as a hit and run, implying an actual accident, which turned a $100 PDR repair into an accident report on my vehicles history. Needless to say that was a big hit on resale and it took me weeks to get the the records fixed to reality.

I would buy the new removable piece and get the fastener in the upper bumper repaired (you cant see it anyway) and call it a day. If the guy will chip in, good for him, if not, just be thankful you don't need a chair to get around.

Don't get the police, courts, or insurance involved if you can avoid it, that the gift that keeps on giving...
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