What are my options regarding property damage?

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What are my options regarding property damage?

I was rear ended in an auto accident. The car I own is new. The at-fault driver’s insurance wants to patch the damage rather than replace the damaged parts to the rear of my car.

Asked on April 15, 2009 under Accident Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I understand why the other driver wants to handle this himself and not report it to his insurance company and have a chargeable accident, but if you want to be a nice guy and let him do it you don't have to be a patsy and accept an inferior repair job, assuming that patching will not do the job, and on a new car most folks would rather have a real auto body shop handle things right.

You can say no deal, offer to let him pay to have it fixed or say I'll let my insurance company and my lawyer handle it. In fact that's usually wise as the next thing you'll know he might turn around and claim you backed into him and he's been unable to work!

Also, if the damage exceeds certain levels (they vary by state) you have to report it to the DMV or Police anyway, and your insurance policy also requires you to report all accidents to the company.

If you have collision insurance and his company does not offer to pay to fix it, you could always let your insurance company pay to fix it, less the deductible, and it will go after the other driver and his insurance company and then reimburse you. If he lacks insurance and you have no collision, then things are a bit different and getting him to patch it sounds a bit more attractive than having to sue him and then go to trial and hoping you win and he has enough assets to pay the judgment.


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