Fender Bender or 7 Points?

[Malibook]

I don't think the OP is trying NOT to pay.

At this point, of course not, but it sure seemed like it before he got caught.

I went to my home and brushed it off.

Today, a guy shows up and foolishly my brother admits that it was me!!

If the brother was considered foolish for being honest then Kenny would have denied it.

Well... Agree on leaving the number. However, the car was parked across from my house, same color as my neighbor's car, so stupidly I thought he will contact me.

This doesn't make sense.
How could it be so obvious it was Kenny and why is his brother foolish for being honest?
This does not look like "Agree on leaving the number" to me.

No beer for him for one week....)

If he was not trying to avoid paying, why punish the brother for being honest?

I looked at it and it was nothing serious. It happens a lot in parking lots. What bro admitted was that around that time frame i went out. Had he said, he don't know...go figure...take car DNA

This sure looks like someone who wanted to avoid paying.

 

[Rylan]

DISMISS Rub's advice. Rub - you may think he is an asshole, but he still has rights.

You pay for the repair at the cheapest BUT most efficient repair shop and getting 3 estimates is the best way to do it. Or take his quote, double check the items and cost with your auto-body shop.

You need a transmission done, you can go to Mister transmission and pay at least $1000 more then if you went to a no name repair shop and the work is the same.

Guilty parties have rights too. Even the child murderer. Sad but true fact. Exercise your rights.

 

[Rylan]

Aside from the fact that it becomes "no mans land" once you go outside the insurance protection, there is no statutory right to require an innocent party to obtain three quotes to satisfy the damager that his price is reasonable.

The guy has no "rights" to dictate where and how the repair is effected. It's NOT his car!

(Same goes for insurance companies. They can't make you fix your car at their preferred shops, nor make you take the cheapest price.)

His only "right" is to refuse to pay for the damage or the amount presented and force the innocent party to prove the damages and that the amount is reasonable and seek redress in court. Of course the Judge will have to be satisfied that the damages are reasonable before he awards the costs but that is a separate issue.

All the more reason to just call your insurance company in these cases and them them deal with it.

Then the Innocent party can call the insurance company if he doesn't want to go to 3 places to get a quote. But OP - I say get the guy to give you 3 quotes. Screw what these guys say. They are all high and mighty people who never do anything wrong.

I would also check you by-laws about parking on the street at the time of the accident. It may not even be your fault at all if the car was not suppose to be there.

 

[tboy]

Rub? when was the last time you had an insurance claim? They either tell you to take it where THEY want you to take it or at least demand more than one estimate. If the OP is paying out of pocket then he DOES have the right to a fair estimate. Many MANY people would take their vehicle to a known associate and inflate the price and both pocket the overage.

I tell you, sure, have him contact his insurance (the hittee not the hitter) and he will find his insurance covers his damage, the OP's will cover his.

"No-fault coverage pays for some or all of the insured person’s loss regardless of who caused that loss. With no-fault insurance, you would look to your insurance company to pay your claim, even if the other driver caused the accident."

And sorry Rub, if I'm paying for something I have a RIGHT to some say in how much it will be. Sure the OP hit his car but that doesn't mean he has to pay whatever the "victim" decides is fair. It is a widely used practice of obtaining 3 quotes for body repairs, and in this case, it should be no different. I mean seriously, if I hit someone and scratched their bumper and I see an estimate that says they are replacing the bumper, the brackets, the light housing, the signal indicators, the licence plate bracket I'd tell whoever it is to go F themselves sideways. For eg: I had some scratches on my truck and went to two places: 1 wanted to paint the door, the roof piller, replace the mirror housing (because it had some scratches as well), etc and the estimate was $4K, I went to another that charged be $275.00 to sand, paint and clearcoat just the areas that were scratched (including the mirror housing) and since it was black, you couldn't tell the difference)

In addition, I can pretty much guarantee you that if buddy goes to court with ONE estimate the judge will look at him sideways and hold over judgement until at least one more estimate is obtained to determine whether the estimate is reasonable or not. I mean really, is the judge an auto body repair specialist that he "knows" the true value/cost of what it takes to repair a vehicle?

 

[Tony2Tap]

The rules are pretty simple here

17. (1) If automobile “A” is parked when it is struck by automobile “B”, the driver of automobile “A” is
not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
(2) If automobile “A” is illegally parked, stopped or standing when it is struck by automobile “B” and if
the incident occurs outside a city, town or village, the driver of automobile “A” is 100 per cent at
fault and the driver of automobile “B” is not at fault for the incident.

assuming (1) is true, the other driver has every right to go through his insurance company, who will in turn get the money from Kenny's company. Kenny's rates will go up, the other guys will not.
The only reason to go outside insurance for the other guy is to give Kenny a break...as tboy says...The other guy gives him an amount and it is Kenny's choice to pay it or not. There is no requirement to get 3 estimates. Remember there may also be costs to the other driver above the repairs such as the rental car.

In this case, I would just go right to the insurance and screw Kenny's rating. If he tried to leave a note, I might be more willing to "work" with him.

There should no reason this goes to court. It would be foolish pay for the work and try to get the money after. Kenny needs to pony up the cash quickly as again he is getting the favour.

 

[tboy]

The key here is "reasonable" costs, and how does one know what is "reasonable"? By getting more than one estimate. That is an industry standard and just because the OP hit a car, doesn't negate that standard.

Oh, and just one more thing to throw into the discussion: with the way insurance companies operate these days it isn't uncommon for an insurance company to raise the rates of the victim if they have been in more than one accident, that occurs whether they were found "at fault" or not.

 

[RTRD]

That was EXACTLY what I was thinking...

Cops will say, why didn't you leave your number on his window, then they will say, why didn't you call it in to a police station or something like that...I hate when sh*t like this happens.

...because if you had wanted to make it right, you would have left away for the guy to contact you.

The fact that you thought it was "foolish" for your brother to help the guy find out who damaged his car is also an insightful piece of information.

Here is hoping you wake up, grow up, and do the right thing, and quit being such a prick. What would you have wanted someone to to do had that been YOUR CAR that was sitting still minding its own business before some dumb ass hit it?

 

[RTRD]

Exactly...

He makes the choice (assuming both parties agree it is your fault). If he wants to make any claim via insurance, he can and if you are 100% at fault according to the guidelines, your insurance will be responsible. He will still decide where to take the car under his insurances suggestions.

If he agrees to do things outside insurance, he is doing you "a favour" and can set the amount and the place. Your option here is pay low or go through insurance (and pay later).

...and given the underhand asshole like behavior to date, i would not be inclined to do favors.

To my insurance company I go, and to them I provide them name an address of the guy who hit my PARKED CAR, and who did not bother to contact me.

They fix my car, they go after him, and hopefully the police get involved somehow as well...

 

[tboy]

...and given the underhand asshole like behavior to date, i would not be inclined to do favors.

To my insurance company I go, and to them I provide them name an address of the guy who hit my PARKED CAR, and who did not bother to contact me.

They fix my car, they go after him, and hopefully the police get involved somehow as well...

Sorry, Tony isn't exactly correct. His error is in his statement "....he can and if you are 100% at fault according to the guidelines, your insurance will be responsible". According to the Insurance Bureau of Canada website each vehicle's insurance company will cover the damage to that vehicle alone. The "at fault" driver's insurance will pay for the damages only to the at fault vehicle. The "not at fault" driver's insurance will pay for the damages to the not at fault vehicle.

Also according to their website the parked vehicle driver could possibly be assigned "some" fault if he was parked illegally or in a way that blocked the driveway of the OP.

Now I will say I am in no way supporting the OP's attitude with trying to get off paying for the damages he caused, just trying to clarify the rules if the insurance companies become involved.

Here's the link to the IBC site if anyone's interested in reading more on the subject:

http://www.ibc.ca/en/Car_Insurance/ON/No_Fault.asp

 

[Tony2Tap]

tboy, I read your link and still stick close to what I say.

No fault means both parties go through their own insurance, but the 0-fault driver's company will recover the costs from Kenny's company.

And directly from that site
If you are found to be at fault, either completely or partially, it will go on your insurance record and you will have to pay the penalty. That means you may experience an increase in future premiums.

It should mean no costs to the hit driver (If you trust insurance companies )

It's all in the intreptation I guess.

 

[tboy]

That statement specifically and clearly states that the penalty the driver will have to pay is in increased premiums.

I'd like to see proof somewhere that the no fault driver's insurance company collects from the at fault driver's. Not saying it isn't true, but it sounds like a logistical nightmare to me.....

 

[Malibook]

tboy, I read your link and still stick close to what I say.

No fault means both parties go through their own insurance, but the 0-fault driver's company will recover the costs from Kenny's company.

How is this different from before it was no-fault?

The whole point of no-fault is that all of the insurance companies save on the huge litigation costs of disputing who should pay.
In the end, they all come out ahead.
Each company pays for the vehicle they insure.
The driver at fault pays the deductible and the other does not.