Damaged bumper and fender - small claims? Need advise
#1
Thread Starter
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Joined: Feb 2009
Posts: 664
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From: Portland, Oregon, USA
My Ride: 2006 550i, 1984 Mercedes Gelandewagen
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?
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?
#3
Thread Starter
Senior Members
Joined: Feb 2009
Posts: 664
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From: Portland, Oregon, USA
My Ride: 2006 550i, 1984 Mercedes Gelandewagen
#4
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Joined: Nov 2009
Posts: 521
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From: Toronto, Canada
My Ride: 2012 535i X-driveSpace Grey/Black Dakota, Fineline Anthracite Trim; Executive Package (Rear View, Lumbar, Nav, Voice, SIRIUS, HiFi Pro) Technology Package (Hi Beam Assist, Lane Departure, Blind Spot Detection, Surround View) BMW Apps (Apps, Smart Pho
Model Year: 2012
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 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.
#6
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.
#7
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 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.
#8
Thread Starter
Senior Members
Joined: Feb 2009
Posts: 664
Likes: 0
From: Portland, Oregon, USA
My Ride: 2006 550i, 1984 Mercedes Gelandewagen
#9
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Joined: Jan 2008
Posts: 94
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From: York, PA
My Ride: 2011 535I X-Drive - Space Grey / Black Dakota / M-Sport / Sport Auto Transmission with Paddles / Premium I / Premium II / Cold Weather
Gone: 2010 535I - Alpine White / Black / Sport, Premium & Cold Weather Packages / Anthracite liner / Sport Auto with Paddle Shifters / Navigation / Satellite, HD & I-pod
Gone: 2006 530XI - Monaco Blue / Creme Leather
Can you say "insurance fraud"!!!!