is it better to pay out of pocket for a fender bender rather
by Guest » Tue May 18, 2010 08:15 pm
both parties feel that they had the right of way & it was in a private parking lot without a witness
Total Comments: 2
Posted: Tue May 18, 2010 09:37 pm Post Subject:
How much damage is involved? It's not a matter of who thought they had the right of way. On private property with no witnesses just makes it harder to prove fault.
If you can afford the cost to pay for someone else's damages or each agrees to take care of their own damages, then you are free to pay out of your own pocket and leave the insurance company out of it.
But when it comes to damages to third parties, to circumvent your insurance policy like this generally eliminates any coverage your policy may afford for that event because you did not follow the requirement to inform the insurer of the collision and allow them to pay for it.
You could pay for body shop repairs actually performed. Then what happens when the repaired fender falls off? The "injured" party could attempt to come after you charging that you worked something out with the body shop to perform a shoddy repair. Then you get all caught up in a legal matter trying to prove the allegations false that your insurance company would have paid to defend you against. But without their lawyers and their money to pay for it.
That's one of the risks you take when you leave them out of the equation.
Posted: Tue May 18, 2010 10:06 pm Post Subject:
Guest, it would help if we knew what state this occured in, so we can see what the negligent laws for that state are..
Most carriers will handle these type of claims, one of two ways. Either deny the opposing party, or determine liability to be 50/50. Here is where your states neglignece laws come into play. In my state as an example (pure comparative) 50/50 means you pay half of theirs they pay half of yours...In my neighboring state of KS they have a 49/51 rule, if you are 50% or more at fault you are barred from recovery, so each would pay for their own damage, assuming it were determined 50/50.
You can almost always elect to pay out of pocket for a claim. However, it's rarely a good idea..
IMO, you should turn in the claim to your carrier, they will investigate it, (take statements from both drivers, inspect the damages), determine liability and then pay or deny the claim(s) accordingly.
You're always free to absorb your own loss, (damage to your vehicle)...lots of people do this because they don't want a claim against their policy. But, it's very dangerous to assume the responsiblity for paying a third party (liability) claim. First of all you may not be at fault! Maybe you don't owe them anything! Maybe they owe for all of your damages. Secondly, by paying for their damage you are assuming liability and responsiblity for the accident, (admitting fault)...this could open a big old can of worms a week/month/year from now, when you get an attorney rep letter wanting a ga-zillion dollars because they were injured so terribly bad in this accident. I know, 'no body was hurt'...wish I had a dime for all the BI claims I've handled with 'no one hurt at the scene' :roll:
If you'd like, post the facts of loss, where EXACTLY the damages on both cars are and we'll give you our opinion, liability wise..
You pay your premiums for coverage...take advantage of it, turn this claim in yesterday!
Posted: Tue May 18, 2010 09:37 pm Post Subject:
How much damage is involved? It's not a matter of who thought they had the right of way. On private property with no witnesses just makes it harder to prove fault.
If you can afford the cost to pay for someone else's damages or each agrees to take care of their own damages, then you are free to pay out of your own pocket and leave the insurance company out of it.
But when it comes to damages to third parties, to circumvent your insurance policy like this generally eliminates any coverage your policy may afford for that event because you did not follow the requirement to inform the insurer of the collision and allow them to pay for it.
You could pay for body shop repairs actually performed. Then what happens when the repaired fender falls off? The "injured" party could attempt to come after you charging that you worked something out with the body shop to perform a shoddy repair. Then you get all caught up in a legal matter trying to prove the allegations false that your insurance company would have paid to defend you against. But without their lawyers and their money to pay for it.
That's one of the risks you take when you leave them out of the equation.
Posted: Tue May 18, 2010 10:06 pm Post Subject:
Guest, it would help if we knew what state this occured in, so we can see what the negligent laws for that state are..
Most carriers will handle these type of claims, one of two ways. Either deny the opposing party, or determine liability to be 50/50. Here is where your states neglignece laws come into play. In my state as an example (pure comparative) 50/50 means you pay half of theirs they pay half of yours...In my neighboring state of KS they have a 49/51 rule, if you are 50% or more at fault you are barred from recovery, so each would pay for their own damage, assuming it were determined 50/50.
You can almost always elect to pay out of pocket for a claim. However, it's rarely a good idea..
IMO, you should turn in the claim to your carrier, they will investigate it, (take statements from both drivers, inspect the damages), determine liability and then pay or deny the claim(s) accordingly.
You're always free to absorb your own loss, (damage to your vehicle)...lots of people do this because they don't want a claim against their policy. But, it's very dangerous to assume the responsiblity for paying a third party (liability) claim. First of all you may not be at fault! Maybe you don't owe them anything! Maybe they owe for all of your damages. Secondly, by paying for their damage you are assuming liability and responsiblity for the accident, (admitting fault)...this could open a big old can of worms a week/month/year from now, when you get an attorney rep letter wanting a ga-zillion dollars because they were injured so terribly bad in this accident. I know, 'no body was hurt'...wish I had a dime for all the BI claims I've handled with 'no one hurt at the scene' :roll:
If you'd like, post the facts of loss, where EXACTLY the damages on both cars are and we'll give you our opinion, liability wise..
You pay your premiums for coverage...take advantage of it, turn this claim in yesterday!
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