Property Damage

<p>My daughter ran into a parked car while on a bike. She left her name and phone number, and the car owner has contacted her as well as given his insurance company her contact information. I could use some advise on how to tell her to proceed. The car owner has only got one estimate so far for $1300, from somebody he knows. Can she demand another estimate or two, and her choose the body shop? Would she only be liable for the lowest one? I know the car owner has a $500 deductible, would the insurance company (Progressive) then come after her for the balance? BTW, I don't have any insurance that would cover her for this. Are things like this negotiable, or is it just cut and dry? Thanks.</p>

<p>Do you have homeowners' insurance? Your liability coverage might cover her if she still lives at home. If she doesn't live at home, then her tenant's policy may cover her. If the other party is going through his insurance, then it will be up to their rules as to whether or not he has to get two estimates. Usually they'd have one of their appraisers look at the damage, and then determine where the vehicle will be repaired and how much they'll pay. Yes, your D will be responsible for the entire amount, including the deductible. By the way, congratulations to your D on doing the right thing and leaving her name and contact info. Many people don't do this.</p>

<p>Progressive will not just take ANY estimate, so that will protect you if he is going through his insurance and then then try to recover.</p>

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My daughter ran into a parked car while on a bike. She left her name and phone number, and the car owner has contacted her as well as given his insurance company her contact information. I could use some advise on how to tell her to proceed. The car owner has only got one estimate so far for $1300, from somebody he knows. Can she demand another estimate or two, and her choose the body shop? Would she only be liable for the lowest one? I know the car owner has a $500 deductible, would the insurance company (Progressive) then come after her for the balance? BTW, I don't have any insurance that would cover her for this. Are things like this negotiable, or is it just cut and dry? Thanks.

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<p>Your daughter is responsible to pay for the full amount of damages that she causes to other property. The other driver can go to the collision repair shop of his choice, and your d is required to pay for the cost of repairs.</p>

<p>However, does your D have the money to pay for the cost of damges? If not, she should send tell Progressive that she doesn't have any money or insurance and can't pay for the cost of repairs. (Obviously, she should say this only if it is the case). The vehicle owner likely has uninsured vehicle insurance which might cover the cost with no deductible. </p>

<p>In any event, your D should be a little more careful when riding her bike around hunky men. They can be distracting. </p>

<p>Does her college have a free attorney on staff as part of the student organization? If so, she should talk with the attorney and see what the attorney says. We had one at my college and I believe they have them at quite a few colleges. The advice of a free attorney will be much better than the free advice available here. I wouldn't suggest hiring an attorney, though.</p>

<p>(My brother rode his bike into a parked car once because a cute girl walked by and he turned his head. Very embarrasing.)</p>

<p>She's liable for the repairs. She can't dictate where the car owner chooses to get his car repaired.</p>

<p>Offer to pay the deductible.</p>

<p>Thank you all for the advice and comments.</p>

<p>Alwaysamom, I am very proud of her for leaving her name and number.</p>

<p>Toblin, she has already told the car owner she will pay the $500 deductible to him. Will the insurance company come after her for the $800 balance? BTW, this happened on a campus where she is doing a summer internship (3000 miles from her campus) and the car owner works at the school. She has said he is very nice, and even he was shocked that she left her info.</p>

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Will the insurance company come after her for the $800 balance?

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<p>That's be a great question to ask the attorney at the university (assuming that they are free). </p>

<p>We don't know the state, the laws of the state, the kind of claim that was filed. We are not equipped to give advice on that. Every state has their own insurance laws and different insurance companies will handle claims differently.</p>

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That's be a great question to ask the attorney at the university (assuming that they are free).

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<p>Thanks, I will have her check that out, but it is not her campus. She is just there for 10 weeks.</p>

<p>Is this the same internship with the camping trip? She is having quite the adventure!</p>

<p>^^^^^</p>

<p>Yes, unfortunately it is! She is upset over the bike incident, so to try to lighten things up I told her in case med school doesn't work out, she could become a professional BMX rider. She told me I could be a comedian. Touche.</p>

<p>It has been my experience that: the car guy can choose any shop he wants, or none at all, it is his car.
the biker has to pay the damages- BUT that doesn't necessarily mean the biker must pay for any shop. Sometimes I've seen a judge award the amount of the lower estimate, and then the guy can go to any shop, but if he chooses a higher priced shop he pays the difference. The idea there is that if the judge feels 1k would fix the car properly, then he doesn't award 2k just because a higher priced shop is the car guys preferred shop.
To owe "the damages" is looked at differently than "choosing preferred shop".</p>

<p>
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Your daughter is responsible to pay for the full amount of damages that she causes to other property. The other driver can go to the collision repair shop of his choice, and your d is required to pay for the cost of repairs.

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She's liable for the repairs. She can't dictate where the car owner chooses to get his car repaired.

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Please don't listen to everyone here. These posts are wrong. </p>

<p>If you have a legal problem, speak to a lawyer. If you have an insurance problem, speak to your insurance agent. But for heavens sake, don't take legal advice from posters here. If the $1,300 estimate contains limited edition gold-plated fairy dust, there's not a court in the world that will require you to pay for it.</p>

<p>I can't speak to this situation but I can't get over the image of someone on a bike hitting a parked car so hard it caused over $1K of damage.
OWWWW</p>

<p>( and crossing my fingers that neither of my D's both who ride bikes- have this happen to them)</p>

<p>
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Please don't listen to everyone here. These posts are wrong.

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<p>In a vehicle to vehicle collision, the person that causes the damage is responsible to pay for the cost of repairs. Some states (Montana for one) does not allow insurance companies to dictate which auto repair place you go to and also does not require you to obtain multiple quotes. If the $1300 is the actual cost of repairing the vehicle to the the new condition, then the person who does the damage is responsible to fix it.</p>

<p>Unfortunately, $1300 in vehicle repairs is not difficult to come by. It's reasonable to think that a bike running into a car could dent one or two car panels, which would require replacing the car panels and repainting the panels.</p>

<p>Windows are also expensive to replace. It's reasonable that if she broke a window that the cost of repairs might be $1300. Ouch for the D, though.</p>

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If the $1,300 estimate contains limited edition gold-plated fairy dust, there's not a court in the world that will require you to pay for it.

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<p>In a vehicle to vehicle collision, the driver that does the damage is not required to upgrade the car or replace the car with more expensive parts than was originally on the vehicle. If the vehicle didn't have limited edition gold-plated fairy dust, then the cost of installing it is not the responsibility of the at-fault driver. However, if the vehicle did contain gold plated fair dust originally and that had to be replaced, then the at-fault driver is responsible. </p>

<p>The big difference is we aren't talking a vehicle-to-vehicle collision. We're talking bicycle (unlicensed, uninsured) vs vehicle. Liability will be much different.</p>

<p>Speaking to an attorney is good advice if you can find a free one. For-hire attorneys charge $200 an hour, so it is unlikely that paying the hourly rate for an attorney will save much.</p>

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I can't speak to this situation but I can't get over the image of someone on a bike hitting a parked car so hard it caused over $1K of damage.

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It's very very easy to get to $1K in damage from a bike hitting a car. It doesn't take much to dent a fender and damage the paint and that can easily come to $1K.</p>

<p>Your D is morally obliged to pay for the damages since she's the one who damaged the vehicle. I don't know what the laws are like as to what she has to do by law where you are but she clearly should correct the damage she's done. However, the cost of the repairs should be in line with what an insurance company would cover - i.e. an insurance company would only fix the damaged area (i.e. not repaint the entire car), only pay up to a certain amount per hour for labor (ex: $50/hr but not $100/hr), etc. The party with the damage can usually take it wherever they want, should not have to get multiple estimates and go with the cheapest, definitely don't have to take it to where the person who damaged the vehicle wants them to (usually a brother-in-law or some cheapo paint place) but the insurance company would only pay what's considered 'reasonable' and that's all your D should have to pay. </p>

<p>It's hard to say whether this $1300 is 'reasonable' or not so you're probably better off letting his insurance company take care of the damages and then work with them to reimburse them making sure it's 'reasonable'. Keep in mind that the owner of the car is generally also entitled to the cost of a rental car while the damages are being repaired so that's an additional cost. </p>

<p>Kudos to your D for her honesty.</p>

<p>It's very very easy to get to $1K in damage from a bike hitting a car. It doesn't take much to dent a fender and damage the paint and that can easily come to $1K.</p>

<p>Knock on wood- but we haven't been involved in any accidents for years- so I don't really keep track of how inflation and the increase of unibody construction has changed auto body repair.</p>

<p>^^ Good - keep it that way (i.e. no accidents)! I unfortunately have repeated experiences courtesy of inattentive drivers including one within the last 2 weeks. Auto body work is a labor intensive process and if any parts (bumpers, fenders, trim) are involved it gets even more expensive. Painting is more expensive than it used to be 30 years ago because of the clear coats used with today's cars requiring more steps for the paint process. Even headlights are far more expensive nowadays than they were 20 years ago. Add in the cost of rental cars and it can get expensive quickly. There are very few laypersons who over-estimate the cost of repairs and a lot who under-estimate it.</p>

<p>Have you checked with your homeowner's policy? The liability portion of your homeowners should cover it, if your child is a full time student.</p>

<p>I am surprised that this is not covered under the car owners comprehensive insurance deductible instead of his collision. Comp deductibles are usually much lower. I think if he is going to make her pay then she should have the right to get a second opinion at one of the name brand repair shops.</p>