[Kaylajane20]

In November if 2012 I got into a minor fender bender with a guy in a private parking lot. Did not exchange anything but cell phone numbers. Later I got his plate number. The damage was minor so minor he 'fixed' himself (the bumper looks exactly as it did before I rolled into it he also has lots of preexisting damage) He went to the police station but did not file a report (strange). Then he went and got a quote from the dealer for 950 to replace his whole bumper. (I don't feel I cause damage for the whole bumper to be replaced). He kept bugging me I told him we should settle this in court. But he said if I pay 400 that would be fine I've paid him 200. But I feel very uncomfortable because he can still take me to court, and I really don't have the other 200. I'm afraid that even if I give it to him he'll still take me to court.

[AK lawyer]

... He went to the police station but did not file a report (strange).. .

Not strange. Only police officers can file "police reports". They are reports by the police officer of what the officer learned or was told at the scene of an accident. But it doesn't really matter in my opinion.

... He kept bugging me I told him we should settle this in court. But he said if I pay 400 that would be fine I've paid him 200. But I feel very uncomfortable because he can still take me to court, and I really don't have the other 200. I'm afraid that even if I give it to him he'll still take me to court.

Anybody can take anybody to court. Whether he will prevail is another question. You should not have paid him anything, and should not pay him more, even if you had it. Don't let him intimidate you.

I assume you didn't have insurance?

[Kaylajane20]

Not strange. Only police officers can file "police reports". They are reports by the police officer of what the officer learned or was told at the scene of an accident. But it doesn't really matter in my opinion.



Anybody can take anybody to court. Whether he will prevail is another question. You should not have paid him anything, and should not pay him more, even if you had it. Don't let him intimidate you.

I assume you didn't have insurance?

Yes I gave my mother money for my insurance turns out she didn't pay it. I got insurance on my own immediately when I found out. But of course that doesn't cover this. He's saying I broke some pin that can not be replaced therefor he needs a whole new bumper. But I said your bumper looks exactly as it did before I hit it now and with all that pre damage how did he know it wasn't already broke. He had no answer. But thank you. That's what everyone keeps telling me is I shouldn't have paid him, and don't pay him more. I just want to do the right thing, but I feel he's trying to get over on me.

[ScottGem]

You can ask him to take the car to a body shop of your own choosing to get an estimate. But it is certainly not out of the realm of possibility that you did damage something behind the bumper that might require it be replaced.

If he takes you to court and brings in an estimate from his body shop, you will probably be held responsible for the whole cost.

[Fr_Chuck]

If he wants the next 200, he will have to sign a form stating that this money is for settlement in full of all debts from the accident on that date. Make him sign it, and have correct ID information from drivers license on it, before you give him the money.

This is a common scam and/or he may decide to just ask for more after he gets that.

[Kaylajane20]

You can ask him to take the car to a body shop of your own choosing to get an estimate. But it is certainly not out of the realm of possibility that you did damage something behind the bumper that might require it be replaced.

If he takes you to court and brings in an estimate from his body shop, you will probably be held responsible for the whole cost.

In court you'd have to have at least two quotes and one reasonable priced quote taking your 12 year old car to the dealership for a quote is no reasonable. And then he'd have to prove that I broke it because his bumper looks the same as it did before. I would like to just go to court to be safe he keeps saying no, and it's not worth it.

[Fr_Chuck]

Many bumpers once they are hit, are not suppose to be used again, due to safety issues, so I am not a car person, but I know I had to replace one on my car not just paint it over.

Also many of the bumpers crack under the coating and damage can not be seen except underside.

Not saying it needs to be fixed but if it is damaged, really damaged, then yes he deserves to have it replaced.

That is the issue, without proof of damage you can not know

[Kaylajane20]

Many bumpers once they are hit, are not suppose to be used again, due to safety issues, so I am not a car person, but I know I had to replace one on my car not just paint it over.

Also many of the bumpers crack under the coating and damage can not be seen except underside.

Not saying it needs to be fixed but if it is damaged,, really damaged, then yes he deserves to have it replaced.

That is the issue, without proof of damage you can not know

That's how I felt at first but he admitted to being in accidents before. He's bumper literally has holes in it dents and scratches and all(none of which I did). I'd understand if he didn't have all that. So I'd feel safer doing it legal cause he's already lied, and that's shady.

[ScottGem]

If you can prove there was prior damage, then it is unlikely he can collect as there is no way he can prove you caused the damage.

[Mcsap9213]

If he takes you to court , HE has to pay all of the court costs up front. Let it go and see if he persists.

Next time CALL THE POLICE even for a minor fender bender so this doesn't happen. Also , take pictures on the spot , with a cell phone if you have to.

[JudyKayTee]

If he takes you to Court and wins you can be ordered to reimburse him for all Court costs.

Keep that in mind.

[Kaylajane20]

If he takes you to Court and wins you can be ordered to reimburse him for all Court costs.

Keep that in mind.

I am very aware of that.