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touch637
Nov 3, 2009, 06:12 PM
I hit a car several weeks ago.
I didn't have insurance at the time. So instead of her insurance coming after me and taking me to court. I agreed to pay the cost of the repair when she got an estimate from the car collision place. The estimate came to $1798.00... for parts and labor and would take two days to repair.

I am also responsible for paying the bill for her to rent a car so that she has something to drive while her car is in the shop. Well, I opted out of that as well because I just can't simply find a car rental place that would charge me $25/day to rent a car. She got the $25 quote from her insurance company because they said that's what they would put towards it. Well, I'm sure insurance companies have some sort of deal going with car rental places.

So, instead.. for the next two days... I am letting her borrow my car while her car is getting repaired.

According to the accident report.. I hit her back bumper. And since I rear-ended her.. I ended up pushing her car into another car.. so her front bumper was damaged too. But it wasn't hanging like the back bumper.

But even so.. her left back light was already taped it from what appeared to be a previous accident before I rear-ended her.

I've already paid the $1798.00 for repairs and labor. The car is going into the shop tomorrow. She'll be driving my car instead of a rental.

I am trying to type up some sort of contract/paper to where she and I both sign off on it. Kind of like an agreement stating all the things I just said.

She just emailed me and said I needed to include on the letter that if there is any hidden damages after the back bumper is taken off I have to be responsible for those repairs. I don't agree with that... because there's been a time gap between the actual day of the appraisal of damages and when the car will be in the shop. And also because from her left tail light being taped and damaged looking, it seems she's been an accident before that.

I need helping wording this written contract/agreement.

ScottGem
Nov 3, 2009, 06:23 PM
Sorry, but she is correct. An estimator cannot fully assess damage until the car is partially taken apart. Its SOP for an estimator to include a disclaimer that there might be additional damage once the car is up on the lift.

touch637
Nov 3, 2009, 06:33 PM
Her car got an estimate on October 23rd. She's been driving the car. It will be going into the shop tomorrow to begin the repair process. What if her car has been hit between this time and I was not aware about it and they found more damages. What then?

ScottGem
Nov 3, 2009, 06:36 PM
You are out of luck unless the body shop notices and reports that there appears to be additional damage from their previous estimate.


What you should have done, is have her take it to different body shops for an estimate, including one of your own choosing.

touch637
Nov 3, 2009, 06:38 PM
:( I made that suggestion to take it to a body shop.. but they didn't want to do it. I felt I had no choice at the time.

Where can I get information on how to word this "home-made" written contract/agreement that we are making?

nikosmom
Nov 3, 2009, 06:45 PM
Based on the original estimate, the repair estimator can usually determine if they are new damages versus damages that were not seen during the original estimate.

What exactly are you trying to write up- that you have to pay for her total repairs? You don't really have to write anything in that case because legally you are responsible. If you don't pay for the repairs, she can sue you.


I have a question- have you reinstated your insurance coverage? You really need to consider this since you are allowing someone else to drive your car. Personally, I'd opt to pay for a rental for her. You may not get the insurance rate of $25 but you can probably still rent something for about $40 and her insurance will cover her while she is driving the rental.

touch637
Nov 3, 2009, 06:53 PM
I now have insurance through Progressive.
And there's a possibility that the repairs can take more than just two days.. hence why I opted out of getting the rental for her.

I'm getting married in about 25 days so that expense wasn't something I had planned for. The $1798.00 came from my future in-laws.

And since their insurance company isn't going after me for the cost of repairs and damages, they can't have their insurance company pay for a rental.

nikosmom
Nov 3, 2009, 06:58 PM
Yes, I know that her insurance company won't pay for the rental- her insurance will cover her while she is driving the rental car.

ScottGem
Nov 3, 2009, 07:27 PM
I agree that a contract is probably not the best idea for you.