Ask Me Help Desk - How can I make someone pay for a fender bender?

My daughter had reversed out of her stall in a grocery store parking lot. She was completely out of the stall and in drive, when a man in a large truck in the opposite stall backed out without seeing her and hit the back right side light, smashing it. He knows it was his fault as she was already out of the stall before him and offered to fix the light. He gave his name, phone number, email address and even wrote his license number down. However, my daughter forgot to ask for his insurance card. I emailed him and he said he is looking for the light at his friend's junkyard and if he couldn't find it, he would order it. He said his mechanic friend could fix it. However, he apparently has had a change of heart and now doesn't reply to my emails and phone calls. Can I make a police report since I have his license number? There was no witness so he could say something else. It would be his word against hers. However, I kept his email that says he would pay for it so isn't that like admitting his fault? I mean no one would offer to pay if they felt they were not at fault. Is there anything I could do to force him to pay? It really upsets me that he said he would pay for it and now doesn't return my calls.

Fender benders in parking lots are generally no fault, depending on the laws of your state (if you are in the US). You are supposed to get their insurance info so that your company can duke it out with theirs (no fault doesn't mean no one was necessarily at fault). Your best bet really is to let them handle the claim. That's what they are there for. They can get any info needed, IF they don't just let it go as no fault. I doubt that they are going to try to prove fault because that takes time and time is money.

If you want to file in small claims, feel free. There's a fee to file which gets awarded to you if you win. He might be honorable enough to pay it without going to court (you write out your complaint, and he can respond, and there can be no court appearance). He might not. He might show up if it goes to court, he might not. He might go, lose and not pay. In short, there's no way to know how this will pan out. I'd just use her insurance, but ask them if it will raise her premium.

Quote:

Originally Posted by joypulv

... I'd just use her insurance, but ask them if it will raise her premium.

The other problem is that the deductible may be as much as or more than the cost of replacing the light.

If it were me, and the light is the only damage, I would buy a new light, install it myself (generally very easy to do), and chalk it up to experience. Next time get the insurance information.

At least here in GA the police do not do reports of accidents in private parking lots unless there is personal injury.

So if they don't pay, you get it fixed and sue them in small claims court for the damages, you use the email as evidence.

Quote:

Originally Posted by Fr_Chuck

...
So if they don't pay, you get it fixed and sue them in small claims court for the damages, you use the email as evidence.

I would bet that the filing fee, the cost of service of process, and the time off from work and gasoline to go to the trial is going to cost more than the price of the light. Getting a judgment does not guarantee you will be able to collect the judgment.

Quote:

Originally Posted by joypulv

Fender benders in parking lots are generally no fault, depending on the laws of your state (if you are in the US). You are supposed to get their insurance info so that your company can duke it out with theirs (no fault doesn't mean no one was necessarily at fault). Your best bet really is to let them handle the claim. That's what they are there for. They can get any info needed, IF they don't just let it go as no fault. I doubt that they are going to try to prove fault because that takes time and time is money.

If you want to file in small claims, feel free. There's a fee to file which gets awarded to you if you win. He might be honorable enough to pay it without going to court (you write out your complaint, and he can respond, and there can be no court appearance). He might not. He might show up if it goes to court, he might not. He might go, lose and not pay. In short, there's no way to know how this will pan out. I'd just use her insurance, but ask them if it will raise her premium.

Joy, would you please clarify what you mean by this?

No fault refers to medical payments, not property damage. What am I missing?

When there's an accident with property damage it might be one person or the other or a percentage here and a percentage there but it's never nobody's fault - SOMEONE is at fault.

Maybe I'm misunderstanding you - ?