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      02-28-2012, 04:59 AM   #29
serranot
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2011 BMW E90 M3  [5.00]
Quote:
Originally Posted by sicilianoNJ View Post
So yesterday I am driving in my condo complex and this girl is driving right at me, thankfully she slowed enough that only my front bumper was damaged, and really not bad enough where i may even need a new one. Either way, we both got out of the car and I didnt call the cops (stupidly i figured because it is private property that cops don't have jurisdiction to give tickets/police report for a wreck on that property).

I got all her information and immediately called her insurance (progressive) and filed a claim. They told me an adjuster would call me by 12 today. I got in touch with her adjuster around 12 and they hadn't spoken to her yet (her phone is dead right now apparently) but they did speak to her husband who is on the policy and he I guess told them what she told him but didnt admit fault. The adjuster told me that they can't make the claim official or whatever until they talk to her personally. They told me her husband would like to try to pay out of insurance to me, and the adjuster gave me the option of dealing with him if I wanted to. I said possibly so the adjuster gave me his number and name.

I called him right after and left a message. So here's the tricky part, the guy calls me back and starts talking about well the cops weren't called so there is no police report and so the courts cant really prove who is at fault. I got an estimate earlier and it is $1300 to fix the front bumper (and thats with replacing it and labor/paint). I told him look your wife hit my car and I just want this settled either way. He kept disagreeing saying no one can prove that and how the best he could do is offer me $750 cash. I told him ok JUST to get him off the phone. I am now trying to decide will I call their insurance adjuster first thing in the morning and tell them what this guy is proposing and continue with the claim (which means I have to wait for them to talk to the girl and get her story)...in which she may say i dont know shit and then im stuck and will have to file a claim with my own insurance and pay my $1000 deductible and risk my insurance going up. Or I can suck it up and pay for my mistake by taking this guys $750 and paying out of pocket at minimum $550 to get my car fixed which doesn't include any additional damage the body shop finds or the rental car I'll need while it is being fixed.

Any advice? Any lawyers in here? Thanks in advance.
Stop screwing around and report this to your insurance company. You might have to wait a bit for your deductible, but it sounds like you're in that position anyway.

I don't understand the risk. Your insurance won't go up, and you won't pay your deductible, if you were not at fault.

Calling the police? Meh. Not sure where all the other people live, but a little bump in a parking lot? Call the police? Really? I can't imagine the cops coming out for that. It would not have even crossed my mind.

And stop litigating this on a discussion board. You know, insurance adjusters read this stuff too.
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