He rearended me with minimal damage and he wants to pay out of pocket?

Question

I was rear-ended while sitting at a red light. There is only a scuff mark on my right side bumper. The guy who hit me was really apologetic and offered to pay for the damages out of pocket. The damages consist of a small scuff mark and about 4 small scratches. They did however go through the paint. He claims he works for Maaco and will take care of the damages. I told him that is fine but he is to do the repairs to MY standard, and also he is to pay for a rental car while I am out of a car. He did agree. I did however file a police report with his insurance information and told him that I will give him 1 week to contact me with all the information and begin work on the car. If I do not hear from him with one week to the date, I will however contact his insurance company and go ahead with putting the claim through. Was this responsible and the right way to go about it? I will have a contract written up stating that He is solely responsible for all of the damages and he will make the repairs to MY standard. And if he fails to do so I WILL take further actions.

Answer 1

No I would have someone else do the work. IMO this deal is asking for issues. it is ok if he pays but someone other than him needs to be responsible for the work.  

Answer 2

I'd get an outside estimate to make sure it's only cosmetic.  I would also have his place of business write up an estimate also....with a guarantee that if more damage is found after teardown, they will be responsible.

Many times this type of situation runs into issues.

Answer 3

Get an independent quote first!  It's possible that there is hidden damage that I can pretty much guarantee he will NOT have repaired at his place of business.  Then have it repaired at the shop of YOUR choice.  If he agrees to this and pays up front in CASH then go for it.  If he balks at this, file it with your insurance company and let them go after him for the deductible and reimbursement.  

Do NOT deal with HIS insurance company directly!  You're paying your insurance company to handle this type of claim and should allow them to protect both their and your interests.  His insurance company will ONLY look out for their interests; they could care less about yours!

It's VERY risky having it repaired at his place of business.  At the very least you should have it inspected before and after by an independent body shop.  And he should pay for those inspections as well!

Answer 4

right way is call cops yes get a report yes.. as fore what fixing thats between you and the other person or the insurance company if its nothing but paint work really i dont see anything wrong with bypassing insurance .... you get it done is more important..if it dont get done in a few days id be turning it in.. and you migh should anyway