What to do

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What to do

So my mom hit a parked car at Walmart
private property she doesn’t have
insurance and the other people already
got an estimate done and she’s willing
to pay outta pocket but now their
insurance is calling her and stuff . but
my question is how should she go about
doing everything.

Asked on August 5, 2017 under Accident Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She can't really do much other than wait to see how much they are asking for: and that point, either pay it; see if she can get them to voluntarily accept either less money or some favorable payment plan (e.g. over time); or refuse to pay, see if they sue her, and if they do, try to defend herself in court--though based on what you write, she likely does not have a good defense. If you are at fault in causing an accident, you are liable, or responsible for, the costs to repair the other car; and if you hit a parked vehicle, you will 99%+ of the time be found to be at fault, because it is careless or negligent to hit a parked or stationary vehicle. Therefore, if your mother were to try to fight this, she would be found at fault, which means all she could then is try to challenge the amount they are seeking--that is, try to show they are overstating or padding the bill in some way. But if they are trying to charge her the correct amount, she'd end up having to pay it--which means that effectively, her options are to pay or to (hopefully) negotiate a lower amount or better payment terms.


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