What can I do if I was at fault for a scratch on another vehicle but now the driver and their husband are claiming more damage then what I was responsible for?

I scratched the front passenger door of a car while riding my bike. I gave the woman gave my name and she told her husband. He took the car to a repair shop and had the door repaired on top of the front bumper, hood, rear bumper and other various things which I was not responsible for. Then he sent the bill to his insurer and said that I need to pay the entire bill. The insurer contacted me via mail.

Asked on September 13, 2015 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It would be advisable to send a photo to the insurance company showing the damage you caused scratch on the door.  Your letter to the insurance company should state that their insured is committing fraud by claiming damage to other parts of the car unrelated to the scratch on the door.
In addition, your letter should state that you will sue their insured for fraud and will seek punitive damages.  If the insurance company does not take immediate action to deny this fraudulent claim, you will file a bad faith claim against the insurance company and a separate complaint will also be filed with the California Insurance Commissioner.
 
Punitive damages are a substantial amount of monetary compensation to punish the perpetrator of fraud.


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