I need DU'ers Help/Advice re: My Car Got Hit!!!

[Heddi]

Hi everybody!

I know DU is full of bright, intelligent people of all occupations and experiences and this is the first place I thought to turn when a slightly bad thing happened this afternoon---I've seen so much good and helpful info given here, I figured you all would be a good place to turn :)

Here's the situation:

My car, a 98 Mazda, was parked in a LEGAL parking spot outside our apartment. It was not parked in land owned by the apt. building, but land that is considered 'the street' (I only put it in quotes b/c it's really a dead-end cul-de-sac with 3 'legal' parking spaces and 1 yellow-painted curb for 30-min parking).

We were parked at the base of the cul-de-sac in the only legal space at that part of the street. To the immediate front of the car is the yellow-pained curb 'space', and in front of that area is 'legal' parking for 2 more cars.

So, our car was at the base of the cul-de-sac, pointing uphill. The passenger side is towards the curb, driver's side towards the street-part of the cul-de-sac. So Mr. Heddi goes outside today to run some errands, and whaddya know! Some asshole hit our car when they tried to squeeze in front of our car and park in the yellow zone.

The drivers' side blinker is TOTALLY knocked out. Part of the left-front quarter panel is out of alignment where the quarter panel meets the blinker casing. There are HUGE black marks on the quarter panel and bumper from I suppose his bumper. A peice of the underside of the wheel-well (I guess that's what it's called) kind of bulges out a bit too from the impact.

The driver DID leave a note on the car, but the note says:

I broke turn signal
set up pulling in
I am right around
corner in meeting
will be out soon
name
phone number

Right across the cul-de-sac is (conveniently) an auto-body repair shop, whose workers HEARD the collission and went outside to see what happened.

My husband tried to file a police report, but the police wouldn't come out b/c the guy left his name & number.

My husband talked to the guy on the phone, and the guy says "well, all you need to do is pop in a new turn signal" but we're like "no, you really fucked up our bumper" and the guy says "well, your bumper was in bad shape to begin with"

Here's the problem--our bumper was NOT in bad shape, and the only 'bad shape' that it's in now is TOTALLY because of him. There is ONE tiny spot on the passenger side that we touched up ourselves a year ago b/c of someone who hit us (and didn't leave a note), and the regular pock-marks from gravel hitting the paint. There are no other dents, dings, scratches, or marks on our bumper besides the ones HE LEFT.

So he refuses to go through his insurance. Says he'll "take care of it". So hubby goes to the auto-body place across the street and gets an estimate--- $1495 to repair and repaint all of the damage this guy caused.

Guy doesn't want to pay it. Refuses to give us his insurance info. We only have his cell-phone. Says he has a 'buddy" who does car work who can just 'pop in a new blinker'---this dude doesn't seem to understand that the damage EXCEEDS a broken flasher. Our car looks like fucking trash now, and he's totally responsible for it. In fact, the three times today Mark talked to the guy on the phone, the guy kept INSITING that 'your bumper was in pretty bad shape' when it WASN'T. He doesn't seem to understand that my car now looks like a piece of garbage on wheels. He wants to spend $100 on a blinker and be done with it. I don't think so!

SO obviously we don't want to go through OUR insurance--we're not at fault. We weren't even IN the car (shit--I was at work!). We were in a legal parking space, parked within legal limits from the curb.

So here are some questions if anyone can help me --- and sorry this is so long :)

1) Are we re obligated to entertain his suggestion that his 'buddy who works on cars' fix my precious car? Some guy who may or may not have a shop, some guy who OBVIOUSLY is biased by the situation (yeah. he'll do a good job. i'm sure of it :not: ) and who may or may not be a real auto-body person.

Again--am I being unreasonable to ask that he repair the damage he did?

2) What can we do if he refuses to pay and refuses to use his insurance company? Can we file a claim with them for the damage he did? How do we even get his ins. info since he refuses to give it to us?

3) The one estimate we were given estimated 2 days of work. They're not open on weekends, and I work FT (take the bus) and husband works & goes to school (uses the car) and unfortunately can't take the bus. We NEED this car. Our lives literally depend on it. Should this guy be asked to pay for a rental car? I'm not talking about a Cadilac, but a crappy little Izuzu Spirit. Something to get from A-B.

I've never been in this kind of situation before. I don't know how these things work. I want to avoid having to go to court at all costs. But I also don't want this guy to pull some flim-flam bullshit on me and end up costing me either time, money, or both.

Any help, please?

Thanks so much. I'm so angry I could puke.

Will add pictures in a minute

[ewagner]

1. Some advice

Go to the police and file and accident report.

Call YOUR insurance company and give THEM the guy's name and phone number.

Follow your insurance company's advice/instructions for getting estimates on the repairs.

STOP dealing directly with this a-hole! Call in the Calvary!

[Raster]

25. that would be cavalry...Calvary is the hill Christ was crucified on...

[ewagner]

26. "blush"

thanks..........wasn't paying attention.

[Raster]

35. heh, I get confused also....what to bring, cross or sword?

[sus]

33. Excellent advice.

[dflprincess]

2. Call your insurance company

You don't have to file a claim, but they'd know what to do with this guy. They may even go after him for you.

[1monster]

13. Depending on state law and your insurance company, you DO have to

file an accident report with the police usually withing 48 hours. Go down and fill out the accident report with everything you know, then take it to your insurance agent and tell him/her the whole story and about how the person who crashed into your car is refusing to give his insurance information.

Get two or three estimates for fixing your car and give them to the insurance agent. Their claims adjuster will check out the estimates and check out your car and will decide just how much the auto repair shop will be able to charge for the repair.

Go after the person who hit your car via the police/accident report and your insurance company.

That is what they are there for.

[radwriter0555]

34. You pay ungodly amounts of money for INSURANCE, so USE it.

Other than that, you're screwed unless you go to small claims court.

[Jackpine Radical]

3. Small claims court might be an option.

You can often get by with only 1 meeting with a lawyer & can represent yourself in court. There are books around on how to do this. Also the local clerk of courts will be a very helpful person to talk to. Get everything ready to go to court & then threaten him. Add an amount for your legal charges, time, etc. so it will look desirable to settle out of court with you. If he still doesn't come across, file the papers. If he doesn't show up on the assigned date, you automatically win. Once you get a settlement in court, you have various options, such as garnishment of wages, that you can use to collect.

[Zomby Woof]

4. LET YOUR INSURANCE COMPANY HANDLE IT

I can't emphasize enough, that is what you pay them good money for.

Do NOT even REMOTELY entertain that asshole's idea of paying for ANYTHING out-of-pocket, for that could invalidate your claim, and then you're stuck.

I was hit by an asshole once who wanted to "take care of it" himself, and he wouldn't give me his insurance company name, just his name, license plate number, and phone number. My insurance company was able to track down who his insurer was, but then that is probably because of his license plate. I will NOT let any fuckhead stop me from using my insurance for what it is legally meant for.

At worst, because of no police report, you should only have to pay the deductible, but make sure the rest is covered by his company (at best), or yours (at worst).

You could always retain a lawyer too, but make sure you have exhausted all your channels with your insurance carrier. They have legal means to pursue your case too.

[flamingyouth]

6. AMEN

They live for stuff like this. Good advice.:thumbsup:

Weird, someone I know is going through almost the exact same thing, only in her case the guy who hit her is a big-wig attorney and is really trying to pull a number on her.:grr:

[Heddi]

11. Hey we're both in seattle....maybe it was the same guy....

Let's see---really surly disposition? Failure to admit responsiblity??? :grr:

Oh lordy. This is like, number 458 on my list of 450 things that I'd rather spend my late afternoon/evening having to deal with :mad: :grr:

[flamingyouth]

15. This guy was in Sammamish

My friend is a 72-year-old woman in a Ford Contour who was picking up her fifth-grade graddaughter from school and this jackass was "in a hurry" and bashed right into her car (fortunately my friend and her granddaughter weren't hurt). It's about $2500 in damage. He apparently spent the whole time telling everyone around how rich and powerful he is, then blamed it all on her (even though her car wasn't even moving).

Assholes. You gotta love 'em.

I'm pulling for you in this, believe me. I'd like to see this jerk get his comeuppance real quick!!!:grr:

[Heddi]

18. Thanks! I appreciate the support

People like this guy really make me hate people :)

...

Then people like DU'ers replace my faith in humanity again and again

:hugs:

[Heddi]

7. Okay here's a question (or eight) for you:

You lived in Seattle---that's where I'm at now (lookie---Magnolia in the background...aww---anyways).

When Mark called the police earlier, they said because the guy LEFT HIS INFORMATION, they (the police) couldn't come out and do a report.

However----he only left his name & phone number---CELL PHONE number at that. No insurance information, no address, no permanent phone.

Isn't that, like, against the law? That if you're in an accident you have to show proof of insurance? I think I'm going to call the cops back tonight and see if they meant we couldn't file a report if he left ANYTHING, or if they assumed when he said that the guy left his 'information' if they just ASSUMED we meant insurance as well.

Unfortunately, we don't have a plate number. Don't even know what kind of auto he was driving---just a truck of some sort. Some guys at the auto place across the street said that they heard the accident and that they were surprised more damage wasn't done b/c of how loud it was.

I just really really really can't afford to pay any money now. Money is really tight and is going to be for the next long while---long story, but suffice to say that I can't even really consider paying the deductable to be a reasonable expectation on our parts, imo. WE DID NOT DO ANYTHING WRONG (I'm not yelling at you---I'm just super torqued right now). Our car was parked. that is it. We were legally parked and did nothing wrong. I don't think it's unreasonable to be upset at the idea of having to pay ANYTHING.

---

:venting over:

:)

So if we have our insurance company handle this for us, will our rates go up? Again---money=tight .

:shrug:

[dweller]

19. as per last question

my daughter had a parking lot dingup with someone recently. Our ins. co. said as long as it was not OVER $1500. damage
(it was about $350) it would even go on the record. This is NC ins. by the way.
Our rates didn't go up either.

let the ins. co handle it, imo.

dp

[Zomby Woof]

24. Oh believe me

I am SO on your side in this matter. It was in Kent (happening town!) where I had my incident some 12 years ago. Sounds like the same guy who hit me. I definitely got more info out of him than you did with the assclown who hit your car.

I don't know enough about the law when it comes to the police being able to enforce the no-insurance law ex-post facto. I do know it is a $500 fine if they catch you without it.

As for a rate increase, that depends on the carrier, the length of time you have been with them, your driving history, age group, gender... all the things actuaries get paid to figure out. If an increase would occur, it wouldn't be that substantial, even on a tight budget (oh, have I been broke in Seattle! It sucks worse to be broke there than many places).

Anyway, I wish I knew more, but I urge you to have your insurance company work for you. I have a strong feeling that loser will only drag this out and make things worse, leaving you hanging more and more.

Also, your insurance company can recommend the place to get the best estimates - after all, they pay for them, and will go with the best value. :-)

Good luck, my former neighbor in the northwest. :hi:

[GOPisEvil]

28. Yes. Yes. Yes. It is called subrogation!!!

Let the insurance company deal with getting THEIR money back from this prick.

[Heddi]

5. Here's some pictures

God, this is when having a digital camera comes in *sooo* handy:

Here's where the car was when it was hit. Notice that big fucking black smear? Yeah. That wasn't there, oh, 4 hours ago :mad: Sorry---removed until I could photoshop the license out:


(thanks, friend!)

Close Up







Oh and he also claims that his truck 'didn't have a scratch on it' so there is no way his car caused this damage. Bull Shit. That is *NOT* rock pebble scratches.

:fuming:

[testing123]

8. What color is his truck?

You could possibly have a paint chip or two on your car from his truck.

[Heddi]

14. I don't know. We didn't see his truck

We don't even know when the accident happened. Hubby's been at home all day, I don't think he left---I know the car wasn't scratched when I went to work this AM and passed by the car walking to the bus about 7:30.

He went to run an errand about 3:30 or so and that's when he saw the car & the note. It could have happened any time between 7:30am and 3:30pm. :shrug:

[oostevo]

9. That does clear up the incident in my mind,

But you really should think about not putting your license plate number on the internet. You'd be surprised the amount of information that can be gleaned from that.

[Heddi]

12. eeek!

shit. good idea. Bye bye pictures

[PoiBoy]

17. Do you have any "before" pics?

..the "after" pics are great, and some recent "before" pics where you can see that area of your car would be a great help you or your insurance company if this case ever gets to court...

Good Luck!! :hi:

[Heddi]

20. The only before pic I have is from January when it snowed

Now, again, this was January. But that car looked just like that (sans snow) when I went to work at 7:30 today. Oh god.

I'm so fumed right now....I could literally start foaming at the mouth and chewing on the carpet, like, any minute

[dweller]

21. no damage there...

and that amount from today would have shown, most likely.
could you find a neighbor or someone who could vouch for you too about the car's condition? and witnesses from the shop across the street that saw/heard the accident?

dp

[Heddi]

22. Yeah I've already thought of that

We park our car in the same spot every day and have since January 1, 2003 when we mvoed into this apartment. The same guys work at the auto shop and they're outside every day washing & fixing cars. They see our car probably more than they see their own.

Plus we have friends who've seen our car in the last week or so who can vouch not only for the fact that our car wasn't damaged like this before, but that our car has never even had a condition in the past that could be called 'damaged'. Normal wear-and-tear. No scratches, or dings or huge 8 fucking foot long black smears.....

Every time I think of that mark my blood pressure rises, like 2o83475938247923874 points.....

breathe....breathe....breathe...

[Beaker]

30. a question regarding the pics-

did ALL of the damage happen in the same incident? it seems odd to me that there are scratches going in two different directions, and one set of scratches seem to be almost perpindicular to the others.

good luck, but ultimately you'll most likely have to go thru your own insurance

[Heddi]

31. Yep. All at the same time

There was NOTHING there before he hit the car. By the time I got home yesterday, the people working at the AUto-Body shop across the street who may have seen the accident had already gone home. I don't even know if anyone saw the accident, so I don't know if this guy hit us trying to pull forward into the space, or was backing out, or what, but the car is completely F'ed up.

He even totally scratched up our (rather cheap) hub-caps, so whatever he did, he scratched from the middle of the hub-cap clear to the bumper and around the front a bit.

100% of that damage on the car that is seen in the pictures was caused by him.

But again, we didn't see the accident so I don't know how it happened or even what, exactly, happened aside from his bad driving causing my car to look rather trashy :grr:

[dweller]

10. holy crow, i read 'my cat got hit'......

and was here with advice....but you've gotten the best already for your 'car'.

glad it wasn't your cat...if you have one anyway.
:)

dp

[Heddi]

16. I have two, mater of factly

and thank you for your concern for dear kitties :)

[Th1onein]

23. Your insurance company can get in touch with his, believe me....BUT

you do need to call the police. If they refuse to take a report, then go there, in person, and tell them that you are filing a civil rights complaint against them. They are obligated, under the 14th amendment to give you equal protection under the law. DO NOT take no for an answer. Get a copy of the police report; give it to your insurance company and go from there.

[LynneSin]

27. Sounds like some good advice

I've done the "I'll pay for it out of my pocket" deal. First time the guy was a sweetheart about it and I didn't worry about a thing. Second time was a problem but a threat to insurance/police cleared it up immediately.

It's the right thing to do to get 3 insurance estimates. Do it immediately - call the guy back and tell him to either fork over the $1500 or you'll have the police & insurance make the claim for you instead. Give him 24 hours TOPS. If there is no response then follow up with your threat. He'll pay one way or another

[thebaghwan]

29. Yes, Let your insurance handle the case. They will get their $ back under

subrogation. Beast to get out of the loop.

[Heddi]

32. I WANT TO THANK EVERYONE!

I knew DU'ers wouldn't let me down, and I knew if I came here I'd get more advice than I'd ever find online.

Thank you thank you thank you to everyone who took the time to reply. I really appreciate it.

mr. Heddi and I are going to the insurance co. this afternoon.

Apparently, in WA, to file an accident report, you pick up a report form at the police station (which we did last night), fill it out yourself (which I'm in the process of doing now), and mail it in (which I'll do this afternoon).

Mr. Hed is getting 2 more estimates today to take to the Insurance Co.

I really do appreciate everyone's help in this matter. I just have to gush b/c DU'er's have always been able to give such great advice any time I've asked for help. Whether it's a good word when going through bad times, or good information when in a sticky situation, you guys are the best, and threads like THESE are the reason I'd never leave DU.

:)

Thanks so much