Someone hit my car...do I have to get it fixed right away? Please help...I am so confused!?

Question

Someone hit my car a few weeks ago and I got his insurance info, license, and number. Since then I have gotten 2 estimates for the repair: one for $1400 and another for $1100. It's only a dent and scratch, but it's on a large panel which extends from the back tire over the rear door, and is difficult to remove (which explains the hefty price).

I sent the cheaper estimate to the man who hit me and he called his insurance to find out if it would be better to pay cash or file a claim. His insurance told him he would end up paying $3000 over the next three years if he filed a claim, so he decided he wants to write a check. However, he said his insurance company told him to write the check directly to the company fixing the car to protect himself.

I am starting school next week and the car cannot be fixed before then. I have to cross the San Francisco bay to get to school and have no friends with cars or family around to drive me and my car is the only way I can bring all my books to school. I am also not old enough to drive a rental car. Therefore, I can't really afford to lose my car for 4 days until I get time off for Christmas break.

If I hold off on the repair, will I risk not getting my money? Is there a time limit for this sort of thing or any law about this?

Also, if I call my insurance and file this claim through them, will my premium go up even though this was not my fault?

Finally, if I choose to go through insurance, do they allow me to fix the car at a later date or do I have to fix it right away?

Answer 1

He has no business telling you who he will write the check to.  Tell him to write it to you or you will file with your own insurance company.   You should have filed with your insurance company in the beginning.  The last thing to worry about is if your rates MAY go up.  Stop playing games with this guy.  Get tough with him.  Who the h**l does he think he is telling you who he will write the check to  ?

Answer 2

boy are you getting the run around.  

First of all it sounds like he's talking to his agent and not an adjuster.  This happens alot with an agent.   I know there are a lot of good ones out there so please don't take offense and boo me.  but there are many who do not want claims reported as it hurts their bonus pool.  You have a right to file a claim with his insurance company.  You do not have to wait for him to report it.  This would mean you talking to an adjuster.  Also you cannot be FORCED to accept a payment from him. It is your right as the owner of the vehicle and the victim to decided how YOU want to handle this.  He hit you.  If his rates go up they should.  Althought I don't quite belive it will go up $3000 over three years  unless he has an awful driving record.  He also owes you for a rental vehicle.  And have you discussed a possible supplement?  the estimate you received is a visual inspection.  There could be hidden damages.  you do not have to accept a check from him made payable to you and the bodyshop.  It's your car.  he owes you the money for repairs and technically the loss of use whether you have the vehicle repaired or not.

I'm hoping that you have full covearge.  If so I would urge you to contact your insurance company and pay your deductible and get your car fixed now.  Also you might want to check the internet and locate a claims phone number and start dealing with his claims dept.  Most insurance comanies has their toll free claims number listed on their website.  can sometimes be found  under contact us if it's not very obvious from the home page.

As an adjuster for 15 years, I NEVER recommend  someone to pay for anything out of pocket.  It just results in problems.

I hope all works out well for you.

Answer 3

You should have just gone through your insurance.

Let them bust you out a check, save that until you have the time for the repair or get a rental issued you to in the mean time, then let the insurance company and their lawyers that you pay for every month go to work for you and take the other driver to the woodshed.  Subrogation, FTW.

Stop being afraid of your insurance companies, folks!