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Damaged bumper and fender - small claims? Need advise

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Old 02-02-2010, 05:53 PM
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Here's the story:
A friend borrowed my car and was out with a friend. My friend did not feel comfortable parking in a really tight parking space. My friends friend thought he could do it but ended up meeting the wall with the bumper and part of the fender.

Here's the problem:
The damage estimate is $1500. My deductible plus the premium increase will work out to $1300. I gave my friends friend the option of the two. When we met to discuss he blamed the damage on my friend and did not once accept the responsibility of the damage. The friends friend said he was being generous enough to pay for all of the deductible [even though he thinks that my friend, the one who I let drive my car, should also be paying].

I'm not happy with the resolution and I'm contemplating small claims to collect the $1500. My worry is 1) I wasn't there 2) this was not the fault of my friend and I do not want them getting the blame. What do you suppose the court result will be if I have enough evidence and a sworn testimony from my friend about how the situation occurred?
Old 02-02-2010, 06:13 PM
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Can you file under the friend's friend's insurance policy? That might resolve it.
Old 02-02-2010, 06:25 PM
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Originally Posted by Munich77
Can you file under the friend's friend's insurance policy? That might resolve it.
No. Insurance follows the car not the driver. Already tried that route. Thanks though!
Old 02-02-2010, 06:31 PM
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You could wait a long time for this to be resolved in court.
I would take what you can get from either or both of them and kick in the rest yourself.
Unfortunately, you have learned the same thing I did once. When you lend your car you are lending your insurance policy too. If more people knew this they would be more careful with lending their wheels. Like it or not you are also at fault by lending the car in the first place.
Is it fair? No. Do you want to keep the friend? If yes, avoid court.
Old 02-02-2010, 09:51 PM
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small claims is basically where this is going

clearly this person is not a friend if they did this to your car and wont own up to it
Old 02-03-2010, 12:08 AM
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For a few hundred dollars to see if it's a true friend or not, it's worth it. You should tell ur insurance company that you had it parked and when you came out, you saw ur car already banged up. Use your comprehensive. It shouldnt raise the premium.
Old 02-03-2010, 12:09 AM
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Originally Posted by Gilgorm
You could wait a long time for this to be resolved in court.
I would take what you can get from either or both of them and kick in the rest yourself.
Unfortunately, you have learned the same thing I did once. When you lend your car you are lending your insurance policy too. If more people knew this they would be more careful with lending their wheels. Like it or not you are also at fault by lending the car in the first place.
Is it fair? No. Do you want to keep the friend? If yes, avoid court.
I'd say avoid court anyhow and forget this friend. How bad are the damages anwyay? Take a pic. $1300 is pretty steep for a fender and a bumper even though u gotta blend. It's more like $800-$1000
Old 02-03-2010, 07:27 AM
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Originally Posted by Gilgorm
Unfortunately, you have learned the same thing I did once. When you lend your car you are lending your insurance policy too.
This is the first thing that I learned! Thanks for your input!
Old 02-03-2010, 05:45 PM
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Originally Posted by brabusw209amg
For a few hundred dollars to see if it's a true friend or not, it's worth it. You should tell ur insurance company that you had it parked and when you came out, you saw ur car already banged up. Use your comprehensive. It shouldnt raise the premium.
Can you say "insurance fraud"!!!!
Old 02-05-2010, 09:04 AM
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i had the same happen with my first car, friend never owned up to it, live and learn.... chances are if they dont pay very soon, you might have to go through other means


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