I need Advice!!!

[mjaclyn]

Yesterday I was leaving work and as I was driving down the road I saw a pickup truck backing up. It looked like he was backing out of a parallel parking space. I slowed down, but he didn't stop at all - he just kept backing up and just before he hit me I reacted quickly and backed up a few inches - running into the car behind me in the process. I pulled over and got out of the car - the woman I hit was very upset even though it had literally been a tap on her front bumper from my tire. (I have a Jeep so the tire is on the back door and that's what hit her car). Everyone was fine and there was no damage to her car at all except one tiny crack on the plastic thing that holds her license plate in place. She proceeded to give me the third degree about how expensive her car is and blah blah blah. I wanted to get out of there as quickly as possible so I gave her my insurance info and phone number. In the meantime, the guy in the pickup truck came over to us and asked if everything was ok. When the woman told him that she was taking my insurance information the guy said "For what? That little piece of plastic? You've got to be kidding me!!" Well, they started arguing in the middle of the street - it was a mess. Thankfully the guy ended up leaving but the woman was angrier than ever. At 8:30 this morning the woman calls me and says that everything is fine with the car but she's going to have to replace the plastic holder. She's also going to have to replace her personalized front license plate because it's scratched and eventually will rust. I tell her to submit it to my insurance to which she replies angrily that she has a $500 deductable and won't do that. She said she's going to bring the invoice to my office (the accident happened right outside of it) and that she expects me to pay her out of my pocket. Now, I have no problem at all paying for the cracked plastic thing. I DO have a problem with paying for her license plate. First of all, the only damage that I saw was the plastic holder - how do I even know the license plate was scratched because of me? Second, no insurance company in the world is going to pay for a new license plate so why should I? Third, the accident wasn't completely my fault. I literally backed up two inches and her car was there - she was way to close to me. Plus, I was trying to avoid a worse accident because the guy in the pickup truck was backing up much faster than I did. It's very obvious that this woman is over-reacting. What should I do? If her bill is under $50 I'm just going to keep my mouth shut and pay it so I can get her off my back. If it's over that, I think I'll tell her that I'm willing to pay for the plastic holder but not the license plate, and if she has a problem with that she can just submit the entire bill to my insurance which will most likely be rejected anyway. What do you think? Am I completely out of line for not wanting to pay for her license plate?

[tinkerbellybutton]

Sorry to hear about your fender-bender. First of all, she sounds like she's being slightly unreasonable. Second, if you told her to put it to your insurance company then her deductible has absolutely nothing to do with it, she wouldn't have to pay a deductible for your company to pay for it. There has to be some other reason she would not want to put it in to YOUR company. I personally think she's out of line to ask for a new license plate. If I were you I would put it to the insurance and if you chose not to, to just pay her the money, I would make sure that you get something in writing from her saying that the situation has been settled. I know a woman who payed out of pocket for $300.00 in damage to a car she hit and then the driver of the other car still put a claim in to her insurance! :jaw: That's just my opinion. Good luck.

[Ian]

If her bill is under $50 I'm just going to keep my mouth shut and pay it so I can get her off my back.You took the words right out of my mouth.

Although, I might even go a little higher than $50, just to avoid the hassle.

Question ... did you get any of the contact information from the guy in the pickup truck? Did you get any contact information from any witnesses who saw him backing up and almost hitting you?

If not, then you really have no hope of not being found at fault. I think if you have the chance to get out of it for $100 or less you should jump at it.

[Momof2boys]

I'd also make sure that you have her sign something saying that you have fulfilled your obligation. You don't want it turning into something bigger . . .

[disneydrmr]

I'm with tinkerbellybutton on this.... her deductible has nothing to do with it... so why not submit it to yours? Something smells fishy to me... she either has no insurance herself, was driving without a liscense.. or something else she's 'hiding'... I'd tell her that you were not gonna pay out of pocket and make her submit it. Be very careful... or else you could very well get taken for a lot more than just a little plastic cover thingy... but if you do pay out of pocket.. PLEASE do as the others have suggested.. type something up really quick saying that you have paid and this is settled and no longer disputable.. get a couple of co-workers to actually witness the document in front of the lady.. have her sign it in front of your witnesses.. and carbon copy to all involved... protect yourself at all costs!!! Good luck!

P.S. Also.. check the invoice carefully.. she may have doctored it up to get you for more money.. something that she could not do with the insurance... she may also have submitted it to her insurance to have them pay it then is trying to milk you for the money to pocket.. (hmmm.. can you tell I'm not the trusting sort?)

[bleukarma]

As far as I know, It won't matter what her deductable is since she isn't at fault she won't have to pay it. But if she does submit it then you might have to pay the entire bill anyway depending on your deductable (its your deductable that matters since you're at fault) For example if you have a $500 deductable and the bill is $200 then you would still have to pay it since you haven't met your deductable. It would be better to pay out of pocket since your rates might go up. It sounds like she's trying to get a new license plate out of you and that's a shame. I don't understand people that get SO upset at small accidents. It's not like you hit her on purpose!

I'm sorry you are having to go through this!

[IloveJack]

I wouldn't pay a penny until she files it with insurance. No one replaces license plates, and neither should you. There's some reason that she doesn't want to turn it in. Maybe she's driving without insurance, and doesn't want to admit to it? :secret: Be very careful giving in to her. Paying for it out of pocket could later be seen in court as an admission of guilt (without a police report) and lead to much more money coming from you. Good luck.

[disneycouple2004]

Working in the auto industry for 30 years has taught me quite well about things of this nature. I deal with insurance companys every day, as well as unhappy people..So you can do this one of 2 ways...
1. Your insurance company will take care of any damage to her car, it will not affect her deductible at all. If your insurance company declines to pay for the new Lisc plate, so be it..is done..if she has anymore to say about it she will have to argue with your insurance company not you..(thats what you pay those high dollar premiums for) there should not be a deductible out of your pocket on this incident.
2. If you choose to pay for her lisc plate bracket and not involve your insurance company be sure to have her sign a waiver ( you can pick one up at any local bodyshop) or even your insurance office may have one.

either way don't give into her demands..let your insurance company handle it if she presses the issue about new lisc plate..
:thumbsup:

[RockinRobin]

Those plastic cover are free at the dealership when you buy your car and she could just go to the dealership and they will give one free and put it on for her. I worked at dealerships for many years and know this for a fact.

[vicster]

This woman sounds like she just might come up with whiplash. She can probably get new plates when she renews her license plates so no big deal there. If she's going to be so awful about the plastic thing give her $5.00 - that should cover it.

[drummerboy]

I Be very careful giving in to her. Paying for it out of pocket could later be seen in court as an admission of guilt (without a police report) and lead to much more money coming from you. Good luck.
Good advice. Let your insurance company handle it--they will be sure the matter becomes final. Also, are you sure she didn't move up and bump you during all that confusion?

[amd780]

I completely agree with everyone who says to come up with something in writing. DH was rear-ended at a stop sign earlier this year, and the woman who hit him insisted that she didn't want to file through insurance, and that she would personally reimburse him for the damage to his car. We never heard from her again. $400 later, we realized just how important it is to get something in writing--ideally, a police report.

Good luck with everything. Sending some :pixie: your way and :fingers: that this all works out!

[thrillme]

I'd let your insurance company handle it. They'll send out an inspector to look at her car. He'll also look at YOUR car and make an assessment of how much damage was really done. Insurance companies will also take it to court for you if they make too much of a stink about it.

Like a previous poster said these license plate holders are often FREE or have a nominal cost of less than about $15. My experience is they'll install it for you too if you ask them at your next oil change.

[mjaclyn]

Well, I'm not sure what to do. I appreciate all the advice and would prefer to go through my insurance company. The only thing is, I don't have any information about the guy in the pickup truck. I also don't have any information on the woman I hit and this happened yesterday. I guess if I called my insurance company now to report the claim then waited until next week when the woman comes to my office to drop off the invoice for the damage I could get her license plate # and info then...but DH is worried that if I go through insurance it will raise our current rate even though it was an extremely minor accident. Besides that, I'm almost positive that I have a $500 deductable as well so I doubt they'll cover it and I'll have to pay for it out of pocket anyway. :confused:

[kim1st]

Sorry to hear about your fender bender...

If you have a personal policy, then deductibles only apply to first party coverages...so your $500 only applies to any damage that is done to YOUR car - not to hers (she's a third party).

(I'm assuming you have a personal insurance policy, like, just for you, as opposed to owning your own business and having a commercial policy??? I think some business policies have "liability" deductibles...)

Part of the reason that you pay premium to your insurance company is so that they can defend you when someone else brings a claim against you.

In my jurisdiction, a claim under $500 would NOT increase your premium...but I don't know where you live, so it might be different there.

Do you have an insurance agent from whom you purchased the policy? If so, your insurance agent should be able to instruct you in terms of whether or not the premium would go up, how much, etc. The agent may be able to talk you through the process and help you decide whether or not to report the claim...your actual insurance company may not be able to help you unless you actually do report the claim, but if you don't have an agent, it's worth a try.

It's really a bummer that you didn't get the truck driver's info - common mistake, though!!!

The sooner your insurance company is in the loop, though - the better they'll be able to protect your interests.

[SallyfromDE]

One claim against your insurance will not make your insurance go up. I think it's over 2 claims that you would see a difference. If those plastic holders are free, I think I'd be tempted to go to the dealer and get it myself. So when she shows up, I'd hand it to her. And if you've called your insurance company to let them know of the accident, I'd also hand her the name of the person to contact. Don't forget, the State Insurance Commissioner can also help answer your questions.

[MsMin]

I'm afraid that she doesn't want to deal w/ the insurance company b/c she thinks she can get more cash from you. I doubt your insurance will go up. Talk to your agent and see what they think. They will let you pay oop if you still want to but what's to stop her from filing after you pay her?
Your insurance company is there to prevent things like this and they are on your side even if you made a mistake and I agree who's to say she wasn't following too close or she wasn't moving and failed to be in control of the front of her vehicle.
9 times out of 10 the angry ones are hiding something. (yes, I made that statistic up :blush:)
I agree w/ everyone DEDUCTIBLES are not an issue here. If they raise your insurance it may be what $50 a year for a year or two? You may be paying far more than that and giving her money she doesn't deserve and I seriously doubt they will raise your rates for this. :pixie:
I know it's frustrating....:(

[Auntie]

It was the back of your car..and the front of her car..technically...she is responsible. We have an auto body shop. Deal with all the major carriers. Also do all the repairs for Enterprise in our area. When hit in the back, it doesn't matter...the person who is in back of you is at fault. Perhaps she was a bit too close to you. Doesn't really matter.
As far as her submitting it to insurance, her deductible shouldn't be an issue either. She might have to lay it out...and then if her insurance company deemed that you were at fault..they would get the deductible back and she would eventually be reimbursed. Generally the car is brought to the shop where either your insurance co. or hers will look at it, and a determination is made as to who was at fault..and even then..there are percentages as to how much at fault you were and she was. I know it's nuts. I mean call the lady if it's under $50.00 and you want to make it go away..then it's done. However if she's gonna have you pay for damage that wasn't from the accident you were in..then report it to your own company, and let them work it out with her. I bet she'll be pretty surprised. I mean we do pay all these premiums, why not have them cover it. If it's less than what your deductible might be. Honestly if the guy in the pick up didn't touch either one of your vehicles..then he's off the hook anyway. He's not going to just admit he caused an accident, even if you did have his information. His car wasn't physically involved..he could have just driven away. You tried to avoid hitting him...which I don't blame you..but he's not involved. I hate to say it..because you probably don't want to hear it, but you had been better just stopping and let them both hit you...and then have their insurance companies pay for your repairs. Of course that's assuming it would have only been damage to your auto and not to you. The main thing is you are all fine, and no one was seriously injured. This why they are called "accidents"...they happen. That's what you have insurance for. If you don't have prior claims or are in a high risk group you shouldn't have your rates effected by reporting it if you have to. Also when involved in an accident you really shouldn't discuss with the other party as to whether it was your fault or theirs. Just exchange information and let your insurance companies make the conclusion. You may have admited fault for something that technically isn't your fault.

[kim1st]

If those plastic holders are free, I think I'd be tempted to go to the dealer and get it myself. So when she shows up, I'd hand it to her.

:thedolls:

Love this idea!!!!!

[mjaclyn]

**UPDATE**

I called my insurance agent and explained the whole situation to him. He said that I have no deductible on damage to someone else's car, just to my car. He also said that unless the damage exceeds $1,000.00 it won't affect my insurance in a negative way at all. Hurray! So, he told me to call claims to give them my report of what happened and that the other woman involved would need to call claims as well to make the actual claim. I planned on telling the woman this when she came into my office this week, but I actually received a call from her this morning. She said she was at the car dealership and that the plastic holder was going to be $80.00 plus labor and that wasn't even including the license plate. I proceeded to explain to her what my insurance agent had told me, and that she wouldn't have to worry about her deductible at all. The only thing she would have to do is call claims, reference the number I had been given and everything would be taken care of. She then started complaining that she didn't think she should have to do any of the leg work since my car had hit hers. She said that I should be the one to call in the claim and I should just pay her out of pocket and have the insurance company reimburse me instead. I told her that it doesn't work that way - the insurance company needs her information and her side of the story in order to process the claim. She kept on arguing the fact that I had hit her and that I'm wasting her time, etc etc. I told her again that I wasn't going to pay her out of pocket when my insurance company had already agreed to pay for the damages. She told me since I was being so uncooperative she'd have to call the insurance company herself but she still thought it was ridiculous that she had to do anything at all. What really irritates me is that the woman spent more time yelling at me over the phone than it would have taken her if she had just called the claims number in the first place!! Talk about wasting time!!!

Anyway, now i'm really worried that the insurance company isn't going to give her what she wants and then she's going to come hounding me again. Is there anything I can do if that happens? I really don't want any trouble with this woman and I've tried EXTREMELY hard to be nice and rectify the situation in the best way possible for both of us. I'm nervous that if the insurance doesn't give her the amount of money she wants, she'll come to my office demanding more. What should I do if she does that? Does she have any legal right to do it?

[ldn324]

If this woman keeps harassing you, call the police. Definitely sound like she is unstable and you should document each conversation you have with her just in case. In fact, it might not be a bad idea to call your local police department - the regular phone number, not 911 - and explain to someone there what is going on. Maybe they will open a file so something is officially on record if she threatens you or won't leave you alone. Sounds like harassment to me.

If no accident/police report was filed at the time of the accident, I'd find it hard to believe that she really has a leg to stand on anyway.

I hate these sorts of things. They are always a pain, no matter who is at fault. Good luck!

[bleukarma]

I can’t believe this woman is giving you such a hard time over something so small!!!!!!! What a waste of time!!!!
If she starts harassing you then file a police report.
I’m so sorry you have to go through this!!

[murphy1]

I just saw this whole thing. I used to be an insurance agent and underwriter. Your agent gave you good advice. And no, I wouldn't raise your rates. I would raise them on one or two bigger things within three year period. I agree about calling the police. What a nut job, but unfortunately this kind of thing happens a lot. Wal-Mart parking lots is where a huge amount of accidents occur and those can get bad.

[Auntie]

I'm so glad that you called your insurance company. Give them the information and let them handle it. I wouldn't bother to take any calls from her at all. If you see it's her number, then don't answer. You have no reason to be communicating with one another now that the claim is being settled through your insurance company. I would tell the woman to speak to her own company if she shows up at your work. If she doesn't leave, call the police. I have a feeling HER insurance company has probably had their fill of claims involving her vehicles, and that's why she wanted to intimidate you into handing her over the cash.

[crazypoohbear]

1st question that came to my mind was how high is her car????
You said you hit her with your spare tire on the back of your jeep.
Her license plate cracked, which would be down low on her vehicle right under the front bumper.
I don't see how these two things line up??
If she contacts you again tell her
"I'm sorry but I have been instructed to say nothing to you, if you have questions or concerns please feel free to contact my agent at XXXX here is the number...."
IF she starts yelling again say. " your behavior is frightening me, I am hanging up now, If you contact me directly again, I will contact the police" Then hang up. If she calls back again, hang up and call the police right away.

[pink]

Sorry to hear about your fender bender, but I have to agree that that lady is over reacting. If I were you I would just pay for her plastic license plate holder and that's it. I don't think a small bump could crack a license plate itself. :confused: Good luck and don't let her get to you!



:mickey:

[tinktude]

I'm sorry, but $80 for a license plate cover????!!!! :jaw:Is it gold plated?:noway: I mean come on, who does she think she is fooling?:nono:

I would never in a million years agree to pay $80 to replace a license plate holder/cover. She is up to something....

[kim1st]

Hmmm...I have to wonder if her car was really damaged when you hit her, or if she's just trying to get old damage paid for...or just trying to get some extra cash in hand...her resistance to calling your insurance company makes me suspicious that she's up to something.

If she doesn't like what your insurance company is willing to give her, then her only real option is to file a small claims suit against you. Not to worry - as long as you get the paperwork to your company right away, they'll handle that for you as well!!!

Now that you've put it in your company's hands, you really don't have any obligation to speak with her ever again. If she calls you - direct her back to the insurance company.

Hang in there! It sounds like this is well on its way to being OVER!!!! :yay:

[mrsgaribaldi]

You don't have to put up with her yelling at you. If she calls you again and you take the call, hang up if she starts yelling. There's no reason for you to have to take that. Good luck:pixie::pixie:

[Donald A]

I have some experience with this. It absolutely has nothing to do with you now. It has to do with your insurance company. She has two choices 1)make the claim with your insurance company or 2)forget about it. Accidents happen and they are a pain I have been in a few myself. She is lucky your insurance company even will take the claim. Always call the police for an accident. When she started saying this about you paying you should have stopped and said lets let the police make a report. In fact, my agent said that they will never take a claim by another party without one but I am sure that varies.

I was in a hit and run accident. A lady ran a red light and I hit her. She got out of the car and wanted insurance information. When she found out the police were called by a witness she took off.

Tell the lady that it is out of your hands and she needs to deal with your insurance company. If she contacts you again, call the police for harrassment. If your insurance company doesn't pay for some reason (like she has no insurance) the most she can do is sue you (hardly likely worth it for $80) and the insurance company will defend you. Just tell her it is inappropriate to discuss this situation any further and to leave you alone.

BTW, the $500 deductable is for your car repairs, not for damage to someone elses car deemed to be your fault.

[BrerGnat]

I agree with everyone else to let your insurance company deal with this and just let it go. Don't take calls from her at your work anymore. If she calls you again, tell her that if she does not leave you alone, you will call the police and report her for harassment. And then, follow through if she DOES call you...make your next call to the police and file a report.

Unfortunately, there are a lot of scumbags out there to make a quick buck by scamming innocent people, and that sounds like this to me!

[DisneyDudet]

This is what you pay your insurance company for. Not only to cover your you-know-what, but to deal with this. Has she ever been in an accident? Both parties must call and give their statements, and the insurance companies duke it out. They find who is at fault and everything. Honestly, if she was so close to you, it could be her fault for following too closely, and she may know that. Someone hit me from behind a year ago, when I stopped to avoid another collision. The man was yelling and harassing me, and I felt like my life was in danger. He was yelling at me to call 911 because he wasn't going to be at fault b/c I stopped. The police were called, and I nearly lost my cool with him yelling at me. Finally, he heard our cases and helped exchange information. After the man left, the police officer came up to me and said that it was his fault because he was following too close. If he were the legal distance from my car, he would have been able to stop, and that is the law here.

I am sorry you are in this situation, but if she continues to harass you, do not hesitate to get a restraining order (she knows where you work) or anything else. She is not doing any leg work that any other person who was hit in a collision isn't doing. Somehow, I believe that she knows she's at fault, or doesn't have insurance.

Don't pay her anything out of pocket, even after you get an answer from your insurance company. If the insurance company doesn't think you are at fault, do not pay. You must go through proper channels.

I'm sorry for this situation. Here is some :pixie: Let us know how it turns out.

[SBETigg]

I wouldn't pay a penny until she files it with insurance. No one replaces license plates, and neither should you. There's some reason that she doesn't want to turn it in. Maybe she's driving without insurance, and doesn't want to admit to it? :secret: Be very careful giving in to her. Paying for it out of pocket could later be seen in court as an admission of guilt (without a police report) and lead to much more money coming from you. Good luck.

I agree, and for goodness sake- DO NOT sign anything that says you had any legal obligation in this matter. You don't. Don't even put anything on paper that says you hit her- she will use that against you instead of giving you any security against her as others have suggested. She should go through the insurance or she is out of luck. Don't give her any money. Insist she deal with the insurance company, not you. And it's never too late to contact the police and tell them the woman is harassing you.

[bleukarma]

She has two choices 1)make the claim with your insurance company or 2)forget about it. Accidents happen and they are a pain I have been in a few myself. She is lucky your insurance company even will take the claim. Always call the police for an accident. When she started saying this about you paying you should have stopped and said lets let the police make a report. In fact, my agent said that they will never take a claim by another party without one but I am sure that varies.



It depends on where you live. In the state of FL it is illegal to call the police for an accident with damages under $300 (I believe).

I agree with everyone else. Don't talk to her again. Now it's in the insurance company's hands. If she doesn't want to deal with your insurance company then she's just going to have to drop it.

[brownie]

Sounds like sh'es just trying to get the cash without actually having anything fixed. I stand firm on what your insurance company told you to do, and make sure you document all your conversations with this woman, including date, time, location, and whether it was on the phone or in person.

[MickeyandTink]

**UPDATE**

Anyway, now i'm really worried that the insurance company isn't going to give her what she wants and then she's going to come hounding me again. Is there anything I can do if that happens? I really don't want any trouble with this woman and I've tried EXTREMELY hard to be nice and rectify the situation in the best way possible for both of us. I'm nervous that if the insurance doesn't give her the amount of money she wants, she'll come to my office demanding more. What should I do if she does that? Does she have any legal right to do it?

Since you have insurance, she must first file any claims through them. If she is unable to reach a settlement, she could file suit against you (which would be utterly ridiculous) but the insurance company would be legally obligated to provide defense counsel for you. The only time it is really an issue is if you either have no insurance or an insufficient amount. Neither one applies in your case.

As for her harassment, notify your employer so that they can make arrangements in case the wacko shows up at your office. I would also suggest notifying the police if she makes any threats of harm or harassing calls. Those are criminal acts.