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Daughter was involved auto accident on a rainy day about six weeks ago. The lady that my daughter hit in the rear said there was no damage to her car and my daughter had no damage to her car. So they decided to exchange name and phone numbers and go on their way, and didn’t call the police. This week, the husband of the lady calls demanding that I pay $780.00 for repairs. I looked at my daughters car two hours after, and there are no marks of any kind to her car. The front end of her car is plastic, and would show some signs of an accident, but do not. What should I do?
Asked on May 13, 2009 under Accident Law, Georgia
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Not an unfamiliar scenario, I'm afraid. I'm glad they didn't say she's injured now. Very little damage can sometimes cost a lot of money to fix, and it may not necessarily show up on your car. A single scratch to the bumper may cause it to have to be sanded and repainted, costing several hundred dollars. That could be the case here. Or, they had another accident since and want to pin that damage on your daughter. I assume no photos were taken at the scene. (That's where those cell phone cameras come in handy.) If you don't mind a claim being made on your insurance, refer them to your insurance company and give the adjuster all the information you gave me. Then let them handle it. If you don't want a claim made, I would ask the owner for photos of the damage and two estimates for repair. Then make them an offer that you think is reasonable. If you don't think your daughter caused whatever damage they are indicating she did, stick to your guns and don't pay. They will likely sue you in small claims court, and you'd have a 50-50 chance of winning. Good luck.
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