Car Incident (I Am at Fault) Not Going through Insurance Advice

LValuecoin on 12/11/2018 - 11:50

Hey everyone,

I was recently in a car incident where I scraped the back bumper of the car in front while reverse parallel parking.

Getting in contact with the owner we agreed upon not going through insurance since it was minor. He had gotten back to me this morning saying the repair will be $500 (I am little bit skeptical about but okay with paying after I see a tax invoice for the repair)

My question is should I have a written document just so he doesn't try and claim extra repair cost in the future? Or is text message enough to keep me legally covered.

Thanks in advance
(Note: if you want to see the damage I am happy to post).

Automotive

Comments

  • pyramid on 12/11/2018 - 11:52
    +15

    Hello new user . Welcome to OzCarAccidentAdvise.com.au. We need to see picture (MS Paint or hand drawn pics are most appropriate and widely accepted by this community)…

  • GG57 on 12/11/2018 - 11:54

    Do you trust the other driver?
    Are you paying the repairer direct, or the other driver (against the repair invoice)?

    If the agreement is purely between you both, and no other parties involved, I think you should be able to rely on the text message agreement.

    • Valuecoin on 12/11/2018 - 12:03

      Hey GG57,

      I am a little bit iffy about the other drive.
      I will be paying the other driver directly against the repair invoice.

      And the agreement is purely between us.

      Thanks for the advice!

      :)

      • Scrooge McDuck on 12/11/2018 - 14:16
        +6

        Don't rely on your text messages, it's not hard to write up your own contract. Even if it's not perfect, it's material evidence and that's a lot better than nothing. It will also deter the other party from trying to scam you.

        All you need is something like:

        I [your full name] have paid $[amount] to [their full name] to fully and finally settle the matter of the motor vehicle collision involving the vehicles,

        1. [year][make][model] bearing registration [number plate] owned by [your full name], and
        2. [year][make][model] bearing registration [number plate] owned by [their full name],

        which occurred on [date].

        [your full name]
        [signature] [today's date]

        I [their full name] accept the payment of $[amount] as restitution to fully and finally settle this matter.

        [their full name]
        [signature] [today's date]

        • Valuecoin on 12/11/2018 - 14:25
          +1

          Cheers Scrooge McDuck

          I have decided I will have a document printed up as we are meeting in person on Wednesday.

        • [Deactivated] on 12/11/2018 - 21:19
          -5

          Spoon feeding much?

          • Scrooge McDuck on 12/11/2018 - 21:38
            +11

            @[Deactivated]: Meh, I like to help appreciative people.

            OP has been polite, punctual and even delivered with MS Paint pics. That puts them amongst the cream of the car accident crop.

  • spackbace on 12/11/2018 - 11:54
    +6

    $500 is fair for a bumper

    I'm not sure what you were thinking a proper repair would cost? Or did you think he'd buy touch up paint? 😂

    • CLoSeR on 12/11/2018 - 13:16
      +3

      $500 is cheap; doesn't sound like a professional repair.

      • spackbace on 12/11/2018 - 13:27

        Doubt its replacing the bumper, but reasonable for a spray job and blend in

        • Valuecoin on 12/11/2018 - 14:23
          +1

          He confirmed that it was just a spray job.

          • [Deactivated] on 14/11/2018 - 20:12

            @Valuecoin: Guess its too early in the morning for some peeps

    • [Deactivated] on 14/11/2018 - 20:11

      Sounds about right, that's rub and paint not replace.

  • bobbified on 12/11/2018 - 12:00
    +7

    Repairers often end up simply replacing the bumper even with minor damage since fixes could easily cost more in parts/labour.

    $500 doesn't sound so bad. Basic bumpers for the more common cars cost around $7-800 each.

    Before you hand over any money (avoid cash if you can - bank cheque or something that leaves a record is much much better), write up an agreement for the other party to sign that discharges you from any further liability for the incident after receiving the money. Make sure that you are dealing with the actual owner of the car and you have all their details (including licence details). Also better if you can have an independent witness sign the agreement. Last thing you'd want is, negotiating and handing over cash to some relative and then have the actual owner claim compensation later because the relative has no authority to "settle".

    • Valuecoin on 12/11/2018 - 12:17
      +2

      Hey bobbified,

      Thanks for letting abit more about the repair cost.

      I will make sure to to avoid cash, cheques and make sure he is the legal owner of the car.

    • BertieBrown on 12/11/2018 - 12:41

      Completely agree with Bobbified, good advice.

  • [Deactivated] on 12/11/2018 - 12:05
    +7

    Have a written contract stating he/she releases you from further liability for the damages incurred on the collision of insert date for the settlement sum of $500.

    And a written receipt for $500 received on what day as the disbursement for the aforementioned contract.

  • 87percent on 12/11/2018 - 12:09
    +2

    first of all, should get 3 quotes.. and yeah, written contract required (each person gets their own copy, you both sign with independent witness on both)

    • CLoSeR on 12/11/2018 - 13:18
      +5

      Be careful, owner may only be estimating cost and is happy to accept $500.

      Forcing quotes may end up costing a lot more.

      • [Deactivated] on 14/11/2018 - 20:17

        $500 sounds right its just a back bar any higher than that your getting ripped off

  • Cheeper on 12/11/2018 - 12:17
    +1

    Get a quote from a mobile bumper repairer. We had a perfect job done by one a few years ago after a similar incident. Cost then was $200. Even today $500 seems a bit high just for paint & no repair.
    I had quotes from panel beaters at the time and they were excessive.
    The other party should not object to you getting other quotes.
    Print out a letter stating that by accepting the payment they will not make any further claims against the incident.

    • Valuecoin on 12/11/2018 - 12:38

      Hey Xywolap,

      Thanks for the reply

      I will definitely get a second quote from a mobile bumper repairer.

      • Ocker on 12/11/2018 - 12:52
        +8

        You are entitled to get a second quote, BUT given the accident was your fault the other party is not obliged to accept same. So don't waste your time, and other that of the other driver.

        Don't get offside of the other party as otherwise they could ark up and make a claim through their own insurance (they have nothing to lose) and that would end up probably involving a lot more expense for you.

        Accept the $500 cost - this is the typical respray cost for a bumper, and get a signed acknowledgement the $500 is full and final payment for any, and all, damage incurred.

        • dasher86 on 12/11/2018 - 13:20
          +2

          Exactly this. If I feel I'm being stuffed around with I tell them I'm just going to go through insurance.

        • redvaldez on 12/11/2018 - 16:01

          +1 to that. If I was the other driver I wouldn't even reply to a demand to get a quote from a mobile bumper repairer, I'd go straight to my insurance and let them chase the OP for it.

  • pegaxs on 12/11/2018 - 12:31
    +2

    Write it down, get it signed. No contract, no money. All we need is more “I paid the guy but now he says he wants more” threads popping up.

    Work it out, doesn’t matter who you pay, decide on terms, write it on some paper, agree to it, sign it and abide by it. If they come back later and try to stiff you on anything, just say, “well, we both have a copy of the agreement, see you in court.”

    And for the love of god, get a receipt for the money when you pay, or pay by direct deposit. Something where you can track where and when the payment was made.

    And $500 for a bumper repair is about what I would be expecting. If they were trying to scam you, it would be something like $2,500. And even then, that depends on the car and the extent of the damage.

  • CMH on 12/11/2018 - 12:35
    +3

    https://forums.whirlpool.net.au/forum-replies.cfm?t=2763268&…

    Toward the end of the first page.

  • Valuecoin on 12/11/2018 - 12:40

    Awesome!

    Thanks for that!

  • TheMindsetTraveller on 12/11/2018 - 12:49
    +2

    I would easily pay $500 to get the "issue" over and done with.

    Just prepare a simple document stating that you had an accident with x person on y date, and it is agreed $500 to bring any and all claims for this accident to be finalised. Get you and the person to sign - two copies so you have one each- and preferably witnessed by another person.

    • Valuecoin on 12/11/2018 - 14:22

      Yeah, the $500 isn't what I was to concerned about (although sucks).

      Just want to make sure I am able to cover myself legally incase he trys to pull something sketchy.

  • dasher86 on 12/11/2018 - 12:49

    Something similar happened to me - i was on the opposite end. I kept documentation. Please see below a type up of the letter i received from a solicitor (my typos are my own as i re-typed this).

    WITHOUT PREJUDICE UNTIL EXECUTED
    Settlement and Release Letter of Agreement

    The purpose of this letter of agreement is to confirm my offer and to you the terms of your acceptance.

    In settlement of all matters regarding our dispute around alleged damage to your vehicle on DD MMM YYY, and in consideration of, among other things, the promise contained in this letter, I, Valuecoin have offered, and you have agreed to:

    the one-off payment of the gross amount of $500.00 (five hundred) to your nominated bank account.

    In consideration for the Offer, you release and forever discharge Valuecoin from, and this letter of agreement operates as an absolute bar to, all claims, suits, demands, liabilities, actions, damages and costs of whatsoever kind relating to or arising out of your dispute with Valuecoin (except in any proceedings brought to enforce this letter of agreement). this includes any potential claim with your insurance company.

    This letter of agreement will not in any way be construed as an admission of Valuecoin of any acts whatsoever against you and Valuecoin specifically disclaims any liability to you.

    If you agree to the offer set out in this letter of agreement and the terms of acceptance set out above, please sign and date a copy of this letter where indicated below and return original to me.

    Yours sincerely
    Valuecoin

    • dasher86 on 12/11/2018 - 12:53
      +2

      please post paint diagram as payment. thank you.

  • John Kimble on 12/11/2018 - 13:08
    +2

    $500 seems reasonable for a bumper respray.

    Did he actually say he got a quote for $500, or did he say something like, "give me $500 and she'll be right"?

    I've done the latter previously and didn't bother to get the bumper fixed.

    Either way, definitely get some sort of written confirmation so they don't go back on their word/ask for more money.

    • CLoSeR on 12/11/2018 - 13:20

      I'm suspecting it's the later, pushing the owner to get quotes may end up costing the OP more.

      I once accepted $500 from a french tourist for minor damage; knowing I wasn't going to bother having it repaired. He had the cash on him, it was done on the spot.

  • josetann on 12/11/2018 - 14:35

    This is not legal advice!!!

    If it were me, I'd make sure there was "reasonable" proof that $500 is all it'd take to consider the matter closed. Push it too much, and they might start wondering why you're so worried, and if they're possibly entitled to much, much more. I would probably correspond via email if possible, say something like "$500 sounds fair, assuming you consider the matter closed with a $500 payment please email back with your bank details and I'll send later today."

    Yes, it's POSSIBLE that this could backfire, so I'll again include the disclaimer of "I'm an idiot, ask a lawyer what you should do!" Just saying, if it were me, I'd pay and move on.

    • CMH on 12/11/2018 - 15:10

      Problem with your solution is that you can receive that $500 as a downpayment for repairs.

      So he goes off and gets more work done and comes back with a bill of $5000 and asks for the remainder.

      To top it off, he now claims you agreed you're at fault, and because of that your insurer won't help (it's in their agreement that you cannot accept fault without their permission).

      Just a bad case scenario, could be much worse. Just get a damned proper document signed.

  • Myone888 on 13/11/2018 - 11:51

    Mine Corolla rear bumper estimate was $1200 by a panel beater. A guy backed into my rear bumper.

    • [Deactivated] on 14/11/2018 - 20:20

      You needed more than just a painted back bumper obviously @ that price

  • eggles01 on 13/11/2018 - 16:12

    first you get a copy of the quote including photo of the damage,take it to a repairer of your choice and see what they give,I hope that if you had a mobile phone you would have taken photos of the damage, I am not sure but you may or should have gone to the police station and reported it to them,if you do have to pay the $500 make sure the cheque is made out to the repairer who has supplied his quote,just do not admit liability,and make sure you get a signed statement from the owner stating "total payment of (their quote number)received and signed by the owner,if you post it send it by mail that they have to personally sign for.

  • [Deactivated] on 14/11/2018 - 20:14

    If I were u I'd offer him $200 and remove the paint you put on he's bumper by using a magic eraser, you'll get it off in couple of minutes

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