Source
r/personalfinance•
mavade

Minor accident, other driver doesn't want to go through insurance. What to do?

Insurance

Hey r/personalfinance! I could use your advice regarding a decision I need to make in the next few days. Apologies in advance for the wall of text. I reside in Massachusetts

A couple days ago, my elderly neighbor hit my parked leased 2016 Corolla with her 2015 Mercedes Benz. I immediately went outside to survey the damage. We took a look at both cars together, and I asked her for her insurance information. She refused. She stated that she would pay for the repairs, and that as she has lived next door for many years, she was not planning on going anywhere. She also became kind of confrontational, insinuating that I was in some way responsible because my car was not parked close enough to the adjacent wall to provide a clear path for her exit. (I've been parked there with my landlord's permission, for 2 years, and she has never previously approached me about this issue.)

During the discussion, I took photos of her license plate, the damage on her car, and the damage on my car. Afterward, I also took photos of the driveway with a measuring tape to demonstrate the amount of space there was to pass my car (9ft 7 in., if you're curious).

I filed a report with my insurance, as I decided it would be the wise thing to do, as I am generally distrusting of verbal agreements especially when it comes to money. My insurance company stated that they were unable to locate her insurance information - I found her name and know her address, and that + plate didn't return anything in their search. Since I cannot contact her insurance company to file a claim, they said my only option is to go through my insurance company. I have not yet escalated this to claim status.

A few hours later, I visited a body shop I trust (they've done great work for me before), and procured a detailed estimate for repairing the damage. I rang my neighbor's doorbell this morning to share this information and she didn't answer. I called her phone number and she answered. She asked me how much the estimate was for ($1,200) I told her, and she said it was too expensive and that they were wrong. She asked why I did not go to the body shop she suggested, and I responded that she doesn't get to choose where I get my car repaired. She then accused me of being unneighborly, that she was a nice old lady and that I was trying to prey on her, etc. I asked again for her insurance information and she hung up on me.

I then took the car to the body shop she suggested and asked the person working there to call her with the estimate ($326 less than the first option, though totally verbal and not itemized). The owner called her and seemingly also argued with her about the cost. It seemed (although I could not hear her end of the conversation) that she agreed to pay the amount. In the end, he said I could bring the car to him on Monday, he would fix it and charge her for the repairs.

Now I am struggling with what to do. I am leaning heavily toward filing a claim through my insurer and using the body shop I trust and letting them handle retrieving payment; however, the challenge is that I'm getting some pressure from a parent (who is of similar age as the other party in this situation) to visit the second body shop and let them handle it. I am afraid that situation could end my paying for repairs out of pocket if she decides not to pay. I am also nervous about the quality of work that will be done on the car, as it seems to be a very cash-centric operation. I'm also worried that the neighbor may be driving without insurance. On the other hand, this person lives right next door to me, and so that relationship (not that there really was one before) could be strained if she expresses dislike of my tenancy to my landlord (who thinks I'm a great tenant) or ends up facing significant legal or financial consequences if there is something more insidious (uninsured motorist or unfit to drive) going on.

tl;dr: Neighbor hit my parked car and is insistent that I get repairs (for which she has presumably agreed to pay) at a specific auto body shop and will not share insurance information.

What do you think r/personalfinance? Is filing a claim through my insurance the right thing to do, or should I go the out-of-pocket + verbal agreement route?

Update 12/3: Thank you all so much for the advice! I called my insurance company again today and the rep with whom I spoke tried running her plates again with different search parameters and was able to locate her insurance information. I went ahead and filed the claim (my insurance company waived the deductible), and will be taking the car in for repairs in the coming days.

Posted Dec 3, 2017, 1:11 AM UTC · edited

19
AvocadoToast91•

Don't let her dictate where you get the work done. Go somewhere you know does quality work. Let her pay for that or go the insurance route. She is denying you insurance information, which is probably illegal. Could get police involved to file a police report if necessary

10
brimacki•

Your neighbor absolutely does not have insurance. There are no ifs, ands, or buts about. She's also stupid because she refused to pay a $1200 repair bill when she said she didn't want to go through insurance. Here's my advice:

  1. Don't use your own insurance. This doesn't sound at all like your fault, your rates will go up, and it's only $1000.

  2. If her preferred shop is willing to provide written estimates and do everything by the book, then this might be the best. But, really, what I would do is go to a third bodyshop and get yet another estimate. Ask your neighbor to pay for the middle estimate.

  3. When she agrees to an estimate, sign a contract with her.

  4. Ultimately, a small claims court suit might be in order.

As a side note, the fact that she used her old age to try to discredit you was a really scummy thing to do. She knows full well that she's trying to pull the wool over your eyes, and actually use her experience against you. Don't fall for it. She's a terrible curmudgeon. An old lady with dignity would have just wrote you a check for $1000, apologized, and moved on.

9
foooofly•

Since your car is a lease, isn't it important that the work is up to a specific standard?

3
mavadeOP•

I believe so, yes. That's my primary concern with the second shop. Sometimes less expensive means you take a hit on quality of work, particular with the consistency of paint color in sections with/without work.

2
TomBrown1965•

Have a police report filed. Doign that will get you her insurance information.

3
ScrewWorkn•

ave a police report filed. Doign that will get you her insurance information.

OP's insurance will probably request one is done.

1
pm_me_your_kindwords•

You can also ask over in r/Insurance they’re very helpful.

2
olenavy•

Do you have uninsured motorist coverage on your policy? It sounds like your neighbor may not be insured.

Keep the claim open with your insurance company. Use the shop you know does quality work. Check with the lease holder for depreciated value due to the collision. Include that in the claim. You should file a police report forcing the insurance issue. Do not go out of pocket and accept a "cosmetic" repair.

1
SEA_tide•

Go through your insurance. She is entirely at fault here and from the sound of things, likely doesn't have insurance and would be facing a big fine and payment. That's not your problem; she hit a legally parked car and is 100% at fault. Her age is not a factor at all.

In some states, her drivers license will also be suspended due to the amount of damage and her not having valid insurance.

As it's a leased car, you don't want to be on the hook for any damage not found upon a cursory inspection like was done for an initial estimate.

1