Post # 1
I was involved in a minor fender bender a few days ago (I had the green light at an intersection, the other guy had been trying to beat a yellow, ended up running a red, and I bumped into him as he sped across the intersection.) No major damage to other car, other than scrapes…his bumper, my front end. My hood now appears to be slightly out of allignment. My car is 12 years old. (Runs great, though!)
Basically, the police report says we are both at fault. No one got a ticket, but it says that both parties failed to follow traffic controls…I am completely OK with this as no witnesses stopped, and it wouldn’t be fair for the Officer to take one person’s side over the other.
I am willing to let it drop, but my husband is not…he insists that the other guy’s insurance pay to fix my car. My car already had several minor scrapes and dings on it from being 12 years old, and it is also the car I’ve driven since I was 16. I do not have collision insurance on my car since it is over 10 years old, so they will not pay for it.
FWIW, in the police report it stated that the other guy said the light turned yellow when he went under it, which I will have to admit is somewhat telling.
What do you think?
Post # 3
If it costs you money to pursue it, there’s no way you’ll come out ahead on a 12 year old car. I’d just buy a new car (or a used “new to you” car) if that’s needed. At some point, you’re just throwing good money after bad.
Post # 4
I work for a personal injury lawyer… you should look into it. There are a million personal injury lawyers that will look into these on a “we don’t get paid unless you do” basis (contingency fee). At least call someone, what do you have to lose?
Post # 5
Unfortunately I think the police report is correct in saying you were both at fault – albeit him more so than you. He ran a yellow but you entered the intersection without ensuring it was clear. If you file a claim, you may find yourself partly liable, which might mean paying for any damage to his car. It’s up to you, but it could cause more drama for you…
Post # 6
If no one was listed as at-fault, I don’t know that there is a way to get his insurance to pay… you could possibly take him to small claims court, but you would be suing him directly and insurance would not be involved, but you could get the car fixed. Filing it on your insurance could raise your premiums… If it’s not that bad, I would just leave it alone or look into how much it would cost to get it fixed yourself.
Post # 7
If the police report says you are equally responsible, you will likely not have any luck collecting from the other person’s insurance. Basically you will each be responsible for your own damage.
Post # 8
Exactly. I know I *technically* didn’t do anything wrong, but I should have looked before entering. That is why I didn’t want to file, because honestly, the car is 12 years old and it’s not worth a lot of drama, especially considering that it still runs and functions completely fine.
@julies1949: Thanks! That’s what I was thinking, but never having dealt with this before I wasn’t sure how much merit my opinon held. 🙂