When SUVs Attack :(

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Not to be a hard nice person here, but DON'T agree to a settlement outside of your insurance company. You will lose the negotiating power that your insurance company has available. If the repair goes sour, you are out of luck. The kid needs to take responsibility for his driving. Since you were hit on the front end of your car, he could claim that you rear ended him in which case it would be considered your fault and with no witnessess, it becomes your word against his. Your insurance company can protect you (and themselves, of course) from liability arising from your being wrongly charged.
I had a similar incident where the guy wanted to settle out of insurance company reach. I was not tempted. He offered me "full access" to a repair shop he deals with, etc, etc. The actual repair cost over 900 bucks, which is probably way more than he would ever have paid to have my car fixed. Your car may have damage that is not apparant and the repair bill can be astounding.
Good luck. Keep us posted.
Bob

 

I agree with BobA. You could be at a disadvantage if you had to prove that you weren't looking at your Nav screen. Anyway, we are here to console you, not some new driver who will learn to be more careful.

I agree with Danny also. Ouch, those pictures! Shouldn't this be in Appearance Modifications?

 

I feel for you, accidents suck with regular cars, let alone the pain it must be for this one.

Sounds like the kid needs a back-up beeper installed in his car.

I hope your fix is quick and painless as far as the shop and insurance goes.

-m.

 

2nd with Boba.

Specifically, years ago, I was a nice guy in a similar situation: guy merged into me on I-5, crumpled the driver door. Said he had no insurance, didn't want to raise the rates, could we go through a friend of his who does body repair?

I'm 26 and a nice guy (also naive), and so said sure. Had car worked on (VERY SLOWLY) by a 70-something mechanic in his back yard.

Job was so-so, but I realized in the middle of the process that I had very little recourse, by not reporting the problem to my insurance company and going with a "private deal", of demanding better work. (Certainly it would have led to a lot of stomach-churning arguments with the guy who hit me.)

So, my advice: stick to your guns. Frankly, if the kid is old enough to drive, he's old enough to pay for the results of his actions (or inactions.)

 

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You're in a tough position, for sure. If the kid's insurance company tries to talk him into changing his story, then they are party to fraud against you and your insurance company. I don't think the issue is "being a good boy scout" vs. being unreasonable. You are in a position to be taken advantage of, given that he backed into you but you could be blamed. Fill out a police report; call your agent, and do whatever you can to get the true story on record somewhere. If they come back to blame you, you have a police report stating otherwise and they risk perjuring themselves to continue
I would let your insurance company know, of course, and perhaps your agent can advise you. If the kid is willing to pay out the full cost of repaiir to your car at a reputable shop, things might work out. My guess, though, is that the kid will balk at the total cost, which is probably way higher than whatever rate increase he would pay. Then, you are back at square one.
Why do we have insurance in the first place?
Bob

 

Ouch, I feel you men
I just got my car back from body shop

 

First let me paraphrase a wise person. "Trust your mother, but everyone else, cut the cards."

Don't believe him, not for a minute. He will say oh, it's not your falt to your face, but chances are he will file a report with his agency saying "you hit him". People typically change their stories once they confer with friends and family. Especially if he has to pay for repairs to his car.

Second, leave out all that info about why you were pulled over. Not relevant, I don't believe, you did say you were already parked? You were already pulled over, he backed up. Is that right?

You probably have a lot more than 1 grand to fix your car.

As I understand it, if you file a complaint, it doesn't go on his record unless the insurance company actually pays. I know in our state, that you can file with either your insurance company or his. If your state works this way, you can file with yours, wait, see if he comes through. If he doesn't at least you will have a record of it. I would definitely file this.

I hate to be cynical but when it comes to money, driving records, and cars...you can't trust anyone. But if it comes to friendship, family, friends and love...let 'er rip.

Nothing in this message should be construed as legal advice. Please consult an attorney before taking any action. Subject to terms and restrictions.

 

Rick,
I'm with the crowd here, use the insurance company. Don't put yourself at risk. If this driver's insurance rates are "already out of control", it suggests to me that he has other accidents or moving violations on his license. I suspect his company would be more likely to pay the claim and drop him than try to turn the blame around. Maybe he needs to ride the bus for a few years until he matures and will drive more carefully.

I imagine there might be some 'forensic' evidence that he backed into you rather than you rear ending him if it comes to that. An officer once told me that they could tell if someone's lights (head or tail) were on at the time of an accident because the bulb would blow if they were on when the housing broke. I don't know if that is still or always true, but it suggests they have their ways to determine fault. For instance if he was stopped and you rear ended him, chances are you would hit the brakes before the collision and the front end would drop some. Thus the impact would be higher on your car.

Good luck and my condolences on your predicament!

 

I've heard the Prius has a little black box that keeps a record of stuff like this. If that's true, it might know that you were in park when your car suddenly moved backwards.

 

Definately call your insurance company and check with your state's DMV about what you might need to do for them.

I was hit on the freeway in my pre-prius vehicle by a Semi. He was at fault, and offered to pay me directly... Fortunately I said no. It was just surface damage (or so I thought), that car ended up getting totalled out. In California, any damage estimated over $750 you have to submit an accident report (both parties).

Good luck with your Prius.

 

Whoa! sorry that happened to you Rick...makes my stomach turn...since I have a Salsa too...good luck with the repairs.

 

Insurance can be a two-edged sword. Its all in how the statements are worded.

In 1997 I pulled out of a parking spot in front of a school and grazed the big black steel bumper of a parked school bus just hard enough to put a crease in the sheet metal of my right front quarter panel on a 1995 Ford Probe. I was not even sure I had made contact, so I pulled over down the street look. As I was doing so, the bus driver approached me and asked what was wrong. I said I had just scraped my car on her bumper.

Things spiraled out of control from there. She jumped on her radio and reported that, "a car had hit her bus while offloading students."
In 3 minutes an ambulance, firetruck, and three police cruisers arrived.

To make a long story short, my insurance dropped me (20 years driving with no claims and not a single moving violation) and I lost a day from work, since every self-important party from the school principal to the police had to interview me. I did not get a ticket mind you.
Al I got were the words "car hit school bus" on my insurance claim and it was downhill from there.

 

I feel your pain! At least you got the information of the other driver. I walked out of dinner to find my 2002 Prius hood crunched with white paint scrape on the top of my bumper from the SUV that was parked infront of me earlier. He backed up and didn't stop, I guess assuming bumper-to-bumper action, but his bumper was way too high!

$1800 in damage later! Hood crunched a bit, the plastic grill bent, and the headlight mount damaged on the drivers HL. Crazy.

Called insurance to ask if this would jack my rates. They say it is classified as a hit and run, so I am not at fault. With AAA Interstate Insurance,they only jack your rates if YOU are more than 50% at fault and they have to pay for something. Thankfully.

Had a wondeful experience with the body shop in Costa Mesa, and they did a great job, even giving me a lil touch up paint bottle for future dings on the doors! Thanks Specialty Body Works!

If you want photos, I can post when I am at home. It wasn't a lot of damage, but it was enough.

My advice for you, go through your insurance. Notify them. Tell them all the info. If the kid was good at driving, this wouldn't be an issue. He needs to be held accountable for his actions. Especially if he is not returning your phone calls!

Hope all goes well with you. Let me know if you want to see my suv war wounds pictures.

BCK
Long Beach, CA
2002 Electric Green Prius
"Midori"

 

Rick, please keep us informed of what happens. I'm hoping for a positive conclusion here (for you).

At any rate, remember: you tried to do the right thing. That doesn't protect you, but I believe your attitude does you credit.