Thread: Backing into someones car.

I don't think it's really a matter of fair. You indicated your fault and therefore your responsibility. Her property, her damage and her choice regarding repair or not in my opinion. I don't think insurance companies look kindly on people when they know a vehicle is not repaired. Make sure you get a full release from this person regardless of how the matter is settled.

I hadnt thought about a release, probably wise.
I wonder if a simple:
" I _____ have recieved XXXX.XX from _____ as full payment for the damage to my vehicle. ________ and companyx is fully released from any further responsibility pertaining to the incident. sign and date"
collision location/time/description
would this be sufficient ? (maybe a lawyer lurking?)

Originally Posted by epd

I hadnt thought about a release, probably wise.
I wonder if a simple:
" I _____ have recieved XXXX.XX from _____ as full payment for the damage to my vehicle. ________ and companyx is fully released from any further responsibility pertaining to the incident. sign and date"
collision location/time/description
would this be sufficient ? (maybe a lawyer lurking?)

I would say, over document vs. doing the minimum. When I worked as a paramedic I would have gladly gotten yelled at every day by management for taking too long to document the events of a call, than lose my ability to work forever and possibly get sued for something someone messed up after I was gone.

I would personally include pictures, a copy of an estimate or two, and get it notarized(it doesn't take that long and it could save you a lot)

Originally Posted by epd

I hadnt thought about a release, probably wise.
I wonder if a simple:
" I _____ have recieved XXXX.XX from _____ as full payment for the damage to my vehicle. ________ and companyx is fully released from any further responsibility pertaining to the incident. sign and date"
collision location/time/description
would this be sufficient ? (maybe a lawyer lurking?)

I had a similar incident back when I was 18, totally my fault, however, the guy was being a complete j-hole about the whole ordeal saying I caused thousands of dollars of damage to his classic POS rustbucket. My dad and I offered him x-amount and had him sign 3 copies of such an agreement and that was the end of the story for my part. A few months later, I saw the same car with none of the "damage" repaired. Guess he decided to just spend the money on whatever, which I suspect this woman would do. I third Jame's suggestion of the company car and let insurance handle it.

Even if it is a company car, if your at fault so you have to weigh the options, will it be cheaper for you to pay it, or let your insurance go up, all depends on your driving record.

Lynn is absolutely right, as long as you get the release it does not matter if she repairs her car or not. You should be able to use the release document for your business right off. Good luck.

My dad taught me that insurance was for what you couldnt pay for. He has been in the construction business for a long time and I was raised in it. We have had very few incidentals, nothing over 5k. I consider my insurance is to be used for (heaven forbid) mechanical failure, injury, ect.
I understand the protection the insurance company provides in a situation, but I hope to never make a claim on any of my policies (including life lol)
Tomorrow im going to attend the estimate, suggest another estimate, mention the release, and maybe even gain a client.

The lady was really understanding. She told me at christmas she did the same thing to someone at a funeral home, and the woman she hit told her "merry christmas" and left. I thought I knew where she was going with the story, then the phone rang with our estimate appointment

As of now, it could have been worse, she could have got out holding her neck.

Thanks for all of your input, Ill be sure to post the results and a pic of the damage
Cheers

Things are not quite as litigious in Canada as south of the border, but I'd still CYA as best you can..

I think it depends. If insurance is involved in any way, I think it is best to pay the body shop directly and get a receipt from them.
However, I don't think it is morally wrong for her to propose a deal. If you have inflicted 1000$ of damage, and she wants 750$ in cash because she doesn't really care about the bodywork of her car... that's a fair proposal on her part.

She'll have to sign for it on paper that this amount will settle any debt between you, regardless of actual cost.
But if no insurance companies are involved (because that would make it fraud) I don't see anything wrong with it.

So I went and met the lady at the body shop. I was suprised to see the damage was smaller than I thought, barely even visible on my camera phone.
The lady told me that her daugthter is getting married this weekend and this was one of a few things that happened to her in the last week, I said "Well hopefully that was number three, bad things always happen in three's" she had a good laugh, apparently this is number 13 LOL.
Turns out I know the owner of the shop, he tells us it will be $720+ tax, I was relieved. She arranges a time for the repair and we walk out. The guy follows me to my truck and says just bring $600 cash and have a nice day.
I also mentioned the release to her, she said she will sign it no problem.
Tuesday I have to go in to meet her and pay the shop, as of now I an happy with the outcome.
Thanks for the help everyone.