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RBinJax, Attorney
Category: Legal
Satisfied Customers: 731
Experience:  Attorney for 28 years. Personal injury, Social Security, family, work comp, criminal trial practice.
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I backed into somebodys car in a parking lot. I gave them

Resolved Question:

I backed into somebody's car in a parking lot. I gave them my information and waited for them to contact me. There was no police report. They waited about 4 months and presented a bill for damages that exceed that which I caused. Will my insurance company process the claim?
Submitted: 8 years ago.
Category: Legal
Expert:  RBinJax replied 8 years ago.

They will if you reported the accident to them after it occurred, and may under other circumstances. If you took pictures of the other car on a cell phone after the accident it would help, and if you had your car repaired, it is possible that the car shop or claims adjuster can say that based on the damage to your car the damage there is no way that you could have caused all of the damages claimed. Even if you did not have your car repaired, an experienced car man may be able to determine that the damages claimed cannot have been caused by your accident.

If you have not done so already, you need to file a report immediately with your carrier immediately about the accident. Be prepared for the carrier to not be happy, because it will be more difficult to defend the claim now than it would have been if you had reported it then.

I hope this answers your questions. Please click Accept so that I may be credited for my assistance. Thank you and good luck.

Customer: replied 8 years ago.
Another issue is that the car I was driving was not mine. Should I still process it through my insurance?
Expert:  RBinJax replied 8 years ago.

It could be through yours, the owner's or both. A car is considered a "dangerous instrumentality" and the owner is liable for the negligence of anyone they allow to drive it.

If you wish to keep your friend out of it, you can ask that the other person get three estimates from repair shops you recommend.

If they complain or say we already got an estimate, say that you think the estimate is high and want more than one opinion. If it is a grift, the other party may be in cahoots with the body shop. At the same time, there is nothing to prevent you from speaking with the body shops that you recommend about what occurred and showing them your car so they can see that it could not have caused the damage claimed.

I hope this helps. If you have further follow up questions, please advise. If I have answered your questions, please click Accept. Thank you.

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