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snpitts · Jun 18, 2008, 07:01 AM

I was involved in a fender bender about 2 months ago. The police were not called and insurance info was not exchanged. Names were exchanged and a verbal discussion took place about paying the expenses to fix her vehicle. Even though I feel that it was both our faults I didn't want to argue with her and I wasn't driving my own vehicle so I was trying to keep it hush hush.Very minor damage to her car, just a broken side light and basically no damage to my vehicle. At the time we estimated that it would be less than 500.00 to fix and I would help her with that amount. A few days later she called and said that it would be 400.00 to fix her light. I called the car dealership she said she took the car to and asked if I could get the estimate in writing, they didn't know what I was talking about and said that they hadn't given her any kind of estimate. I call her and she then calls me back a little while later and now the cost is 200.00. A few days later she calls again and is now saying that the damage is 2000.00. I haven't paid her a dime nor have I admitted fault. I feel that she is trying to rip me off and something was fishy about the whole situation. She did not want to call the cops nor did she want to exchange insurance info. She said that she didn't want her insurance to go up. I was OK with this at the time because it was really both are faults, there was minimal damage and I wasn't driving my own vehicle ( my father in l aw's vehicle). She is now hounding me with repeated phone calls and threating to "take it further". What are my rights. Can she sue me, there wasn't a police report or any sort of report that this accident ever took place. The only evidence is the broken light on her car and the fact that she has my name and phone #. Help! What do I do.:confused: :( :confused:

ScottGem · Jun 18, 2008, 07:07 AM

You discuss this with you father-in-law. You then report it to his insurance company. You then tell this woman to contact the insurance company.

If you (or your father-in-law) doesn't want to do that, then you tell the woman to submit a WRITTEN estimate from a reputable body shop and you will deal with it then. Otherwise, she needs to stop hounding you.

She certainly can sue you, but she will have to present such an estimate in court.

excon · Jun 18, 2008, 07:08 AM

Hello s:

What do you do? If she won't send you a couple of WRITTEN estimates, there's NOTHING for you to do. If she sues you, in order to win she'll have to show the court the written estimates anyway.

The next time she calls, tell her that you'll pay the lowest of two written estimates she produces or she can sue you. Look, there's worse things than being sued. It'll probably be in small claims court, and you won't need a lawyer.

excon

Alty · Jun 18, 2008, 07:15 AM

I agree with Scott and excon. It's time to play hardball, tell her to cough up the estimates or stop calling. Sounds like maybe she doesn't have insurance, or didn't at the time. I think your best bet would be to call your insurance company, get them involved. They'll contact her for her insurance information, if she doesn't have any, well, you are no longer the one in trouble then. :)

Like excon said, it would probably be in small claims court. In order for her to get her settlement she'll have to bring a few estimates to court, so she might as well do it now and save herself the trouble of suing you.

Good luck.

JudyKayTee · Jun 18, 2008, 07:44 AM

Originally Posted by snpitts

I was involved in a fender bender about 2 months ago. The police were not called and insurance info was not exchanged. Names were exchanged and a verbal discussion took place about paying the expenses to fix her vehicle. Even though I feel that it was both our faults I didn't want to argue with her and I wasn't driving my own vehicle so I was trying to keep it hush hush.Very minor damage to her car, just a broken side light and basically no damage to my vehicle. At the time we estimated that it would be less than 500.00 to fix and I would help her with that amount. A few days later she called and said that it would be 400.00 to fix her light. I called the car dealership she said she took the car to and asked if I could get the estimate in writing, they didn't know what I was talking about and said that they hadn't given her any kind of estimate. I call her and she then calls me back a little while later and now the cost is 200.00. A few days later she calls again and is now saying that the damage is 2000.00. I haven't paid her a dime nor have I admitted fault. I feel that she is trying to rip me off and something was fishy about the whole situation. She did not want to call the cops nor did she want to exchange insurance info. She said that she didn't want her insurance to go up. I was ok with this at the time because it was really both are faults, there was minimal damage and I wasn't driving my own vehicle ( my father in l aw's vehicle). She is now hounding me with repeated phone calls and threating to "take it further". What are my rights. Can she sue me, there wasn't a police report or any sort of report that this accident ever took place. The only evidence is the broken light on her car and the fact that she has my name and phone #. Help!! What do I do.:confused: :( :confused:

Well, taking it further can only involve Small Claims Court (unless there's way more damage than you realize) at which time she has to prove her damages with estimates. Rather than putting up with the phone calls I would tell her to take her claim there and not to call you any more. She has a right to be reimbursed for her damages but you have a right not to be harassed.

Was there damage to your father-in-law's car? That would be the counterclaim in Small Claims Court. The Judge will decide fault.

I'm sure you know this now but it's never a good idea to just walk away without the Police being called, without exchanging insurance info, particularly when you're driving someone else's car. I've seen fender benders turn into medical claims.

Or your father in law (the policy holder) could end the whole problem by turning the claim over to his carrier now. That will take the wind out of the other driver's sails rather quickly and then her insurance company will be notified, after your father-in-law's company tracks them down. Then they can fight it out.

(I'm a liability investigator in NYS; I don't know where you are.)

PS - yes, she can sue you without a Police Report. It would be your word against hers.