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Best way to handle going after these people? (1 Viewer)

gianmarco

Footballguy
I have a new car that we just started leasing a couple months ago. My wife went out shopping about 3 weeks ago at the mall with our little one. She comes back out to the car and is loading things into the trunk when a black SUV pulls into the parking spot on the right. As the car seat is on the rear passenger side, she's waiting for them to exit before she puts her in the car when she sees the rear passenger door open and hit our car. She doesn't say anything but continues watching and they don't realize she's even standing there. The person opening the door is a younger teenaged kid (12 or 13ish). An older women, assuming the grandmother, was driving the SUV and sees that he hit the car and actually looks at our car and runs her hand along it. A younger woman, assuming the mother, is in the front passenger side, is getting out and doesn't see any of it.

They start to walk away when my wife then steps up and says "Umm, you just hit our car". The mother states she doesn't know what she's talking about and didn't see anything. My wife points out that the grandmother certainly did which the grandmother then acknowledges. The mother comes and looks at the car, says it's no big deal and shouldn't even be $20 to fix. My wife then asks for their insurance information which they refuse to give. She then asks for their ID which they also refuse to give (along with their names). So, she calls me and I tell her to just call the police then. She lets them know that she's calling the police and they say that they don't plan on waiting and they all walk into the mall.

Police show up about 5-10 minutes later and says there's nothing for him to do since it wasn't done on purpose and doesn't write a report (thanks, guy). My wife does take pictures of the cars, the damage, their license plate, their VIN number, and we have now called our insurance company. I did get an estimate for the damage and because of the dent and the damage done, it's going to be $425 to fix. Of course, we have a $500 deductible.

Our insurance company said that what they will do is actually track down the insurance company of the other vehicle based on the VIN and file a claim through them. However, since it's now a he said-she said deal, they aren't sure that they will pay out even though we have pictures and they actually admitted to the damage at the time.

Assuming they do refuse to take care of this, what's the best next step? Call the police back and try to get a report filed? Am I going to small claims? Judge Judy an option here?

 
If it's below your deductible all you are going to do is raise your rates by going through all that. And the cops won't write a report without coming back out to the scene in my experience. What good is that when the other car isn't there and one cop already blew you off?

 
I know this is an unpopular point of view, but if you park in parking lots, getting the occasional ding is just normal wear and tear. NCC is probably right that your odds of collecting anything are very low, and this isn't an issue that's worth getting stressed out over.

 
i ####### hate people.... i was the hitter in this situation and tracked down the guy whos car i hit so i could give him my info.

anyway best case scenario is insurance does recoup your cost.

worst case you are eating all of it.

a tire fell off a trailer and hit my mothers car, guy told insurance thats not what happened and my mom had to pay.

anyway good luck getting their info, if you do small claims may be the only recourse...

$20 what a ####### joke key their car next time

 
Sorry, but you're SOL.

Your wife should have keyed their car instead of calling the police.

 
I know this is an unpopular point of view, but if you park in parking lots, getting the occasional ding is just normal wear and tear. NCC is probably right that your odds of collecting anything are very low, and this isn't an issue that's worth getting stressed out over.
I agree.

 
I know this is an unpopular point of view, but if you park in parking lots, getting the occasional ding is just normal wear and tear. NCC is probably right that your odds of collecting anything are very low, and this isn't an issue that's worth getting stressed out over.
If I walked out to the car and found a ding, I'm not going to worry about it. I've had numerous throughout my life and never once thought to do anything about it.

The fact that this was witnessed, they know they did it, and then acted like complete ########s and refused to accept all responsibility is what has me irked. I've never been to small claims and the $425 isn't worth my time. However, if there's a way to make sure they take responsibility in this, I will be making sure I do so.

This is not about the ding or the $425.

 
Police show up about 5-10 minutes later and says there's nothing for him to do since it wasn't done on purpose and doesn't write a report (thanks, guy).
Your wife should have asked him if she accidently ran over somebody, would she be off the hook because she didn't mean to.

 
I'm sorry, calling the police for a door ding?!??!!??

Lighten up Francis.
Huh? They caused two large dents and scratched the door handle. This is a lease so this is something I will have to take care of. If the door had to be replaced, which the repair shop said is sometimes a possibility, it would have been upwards of $1K. Why would I not call the police when damage was witnessed and the party refuses to provide any type of information? If she handed over an insurance card, no police would have been called.

And this wasn't just a little ding (hence the $425 to take care of it).

 
I know this is an unpopular point of view, but if you park in parking lots, getting the occasional ding is just normal wear and tear. NCC is probably right that your odds of collecting anything are very low, and this isn't an issue that's worth getting stressed out over.
If I walked out to the car and found a ding, I'm not going to worry about it. I've had numerous throughout my life and never once thought to do anything about it.

The fact that this was witnessed, they know they did it, and then acted like complete ########s and refused to accept all responsibility is what has me irked. I've never been to small claims and the $425 isn't worth my time. However, if there's a way to make sure they take responsibility in this, I will be making sure I do so.

This is not about the ding or the $425.
Yeah they were dooshes. But they skated on this one. I get being pissed due to their dooshiness, I would be, but I don't see a winning strategy here that doesn't cost you more than it is worth.

 
If it's below your deductible all you are going to do is raise your rates by going through all that. And the cops won't write a report without coming back out to the scene in my experience. What good is that when the other car isn't there and one cop already blew you off?
FWIW, this won't do anything to my rates as this is a no-fault claim. We've filed 2 claims in the last 15 yrs so the rep I spoke with said to not even think twice about submitting this and trying to get the other insurance company to pay. Also, calling the police back for the report was the insurance company's idea and I never heard of such a thing which is why I was asking. What she did say, however, was that having an estimate for damage would make it more likely that they would actually file a report if need be. Plus, I know Judge Judy is going to ask for a police report.

 
The ones saying this is no big deal are probably people who would do the same thing. And to do this in front of your own child, great example to set. That's why I can't stand most of humanity. And typical police reaction, too lazy to do anything and just want to sit with their radar guns and @#$# people out of money.

 
If it's below your deductible all you are going to do is raise your rates by going through all that. And the cops won't write a report without coming back out to the scene in my experience. What good is that when the other car isn't there and one cop already blew you off?
FWIW, this won't do anything to my rates as this is a no-fault claim. We've filed 2 claims in the last 15 yrs so the rep I spoke with said to not even think twice about submitting this and trying to get the other insurance company to pay. Also, calling the police back for the report was the insurance company's idea and I never heard of such a thing which is why I was asking. What she did say, however, was that having an estimate for damage would make it more likely that they would actually file a report if need be. Plus, I know Judge Judy is going to ask for a police report.
Well do what you feel is right. To me it sounds like it will be more trouble than it's worth to really pursue. I mean what is going to happen when you go to small claims and you have 3 people saying they did no such thing and one person saying they did?

 
I was driving a rented car at a reasonably slow speed in a parking lot, when I see the back up lights go on in a car to my right; it pulls out about two feet as I am going by, and puts a scratch along the rear door and rear fender. I stop, get out of the car, and two middle aged women get out. I say to the driver, politely: "You backed up and hit my car as I was going by."; "No, I didn't," she said. "Lady, do you see where the scratch starts? It starts half way down. You backed up". "No I didn't" she said. I pointed the scratch out again, she denied it.

I now realized that it was a no win situation. So I said: "Lady, you are not to blame for being ugly, but you are to blame for having a rotten personality!" She half moaned.

I took my revenge. She has to know that her friend probably spread the story.

When I told me wife, she said I was needlessly cruel. I said she had it coming.

 
Unfortunately, the only win in this one is to go back in time and key the living crap out of their car after they left. And feel alright with that.

 
If it's below your deductible all you are going to do is raise your rates by going through all that. And the cops won't write a report without coming back out to the scene in my experience. What good is that when the other car isn't there and one cop already blew you off?
FWIW, this won't do anything to my rates as this is a no-fault claim. We've filed 2 claims in the last 15 yrs so the rep I spoke with said to not even think twice about submitting this and trying to get the other insurance company to pay. Also, calling the police back for the report was the insurance company's idea and I never heard of such a thing which is why I was asking. What she did say, however, was that having an estimate for damage would make it more likely that they would actually file a report if need be. Plus, I know Judge Judy is going to ask for a police report.
Insurance companies don't care who's fault it was

I filed 3 no fault claims in last 3 years (2 last year). Insurance went up $1600/year

 
eye for an eye, my friend.

you have all the info you need to find their car, and carve their tires.

I make every effort to #### he who hath ####ed me.

this is not shtick.

 
Why not file suit in small claims court? It will still be he said - she said, but you have a little evidence on your side. You probably have a decent shot.

 
My baseball bat in the trunk would have come out after they left and equaled out the damage.
You do know most parking lots have video right? While their door ding probably wasn't caught I bet you swinging a bat would be.
A quick tire puncture with my knife while bending over to "tie my shoes" wouldn't be though. And I have 2 shoes too. Bet they don't have 2 spares. ;)
At least you put some thought into it.

 
eye for an eye, my friend.

you have all the info you need to find their car, and carve their tires.

I make every effort to #### he who hath ####ed me.

this is not shtick.
Absolutely this, Take out at least $425 worth of frustration on their car and then add some for interest. Then maybe some more just for fun.

 
Police show up about 5-10 minutes later and says there's nothing for him to do since it wasn't done on purpose and doesn't write a report (thanks, guy).
That is completely f'd up. This is exactly what the police should be writing reports for. All they have to do is write down the info and document the stories of the people there.

Sometimes they don't do reports in private parking lots like malls though, only on public streets, so that might be what it was.

Our insurance company said that what they will do is actually track down the insurance company of the other vehicle based on the VIN and file a claim through them. However, since it's now a he said-she said deal, they aren't sure that they will pay out even though we have pictures and they actually admitted to the damage at the time.
I think if your insurance company files a claim, and pays you off and doesn't hike your rates on any kind of blame basis, I think you're ok. It's up to your insurance agency to go after their company at that point.

Probably a good thing to do in these situations is call the police and call your insurance co. and have them send an adjuster out to the scene right away to document things. I have Progressive and they're really good at that.

 
this is why i always travel with a valve stem remover tool,

couple twists air leaks and they will have no idea why their tires wont fill back up

 
What's the time/effort/cost to go thru small claims? Haven't done it before but willing to learn and give it a try.

 
This has happened to me several time in the past.....all of offending cars have ended up with long key marks on the rear quarter pannel. Keep the key close to your body as you walk by. Make sure it is a newer key so that it goes down to the metal. Security camera's are not going to be able to definatively incriminate you. If anything come of it deny always. An eye for an eye is ok with me.

 
Have any friends who are lawyers who hate insurance companies? I handle stuff like this for people pro bono all the time.

 
Have any friends who are lawyers who hate insurance companies? I handle stuff like this for people pro bono all the time.
Actually, yes. Is this something that is minimal time? What would be required of him? I wouldn't want to impose but if it's something simple and I can then take him out to lunch or something, that would be great.

 
Have any friends who are lawyers who hate insurance companies? I handle stuff like this for people pro bono all the time.
Actually, yes. Is this something that is minimal time? What would be required of him? I wouldn't want to impose but if it's something simple and I can then take him out to lunch or something, that would be great.
See if he wants/needs any pro bono work, or if there's something you can trade with him (lunch, dinner, dog sitting while he's out of town, whatever) and see if he'll write a letter for you and field a phone call or two. Usually that's all it takes to find out if they'll pay up. If they won't, then you'll either drop it or go through small claims on your own, maybe with his suggestions on what to put in your claim.

Honestly, it's way more of a PITA to file a small claims case than is worth it for something like this. I'm sure the filing fee is 1/3 of what you're asking for in damages.

Just offer an engagement letter from you to him acknowledging that you're only asking him for pre-litigation services, and that any suit will be filed by you, and that it's your responsibility to do that before your statute of limitations cuts off your rights.

 
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4 little pebbles inserted juuust right inside 4 valve caps would have their car on rims by morning. Just sayin'...

 
Good thing about having a baseball player in the family is that there is always a bat somewhere in my truck. I can do $425 worth of vengeance with just a poke. I wouldn't worry too much about the video surveillance camera. Chances are slim that the camera gets your license plate number. They didn't wait around to get your ID info, so it's just an anonymous eye for an eye.

 
gianmarco said:
What's the time/effort/cost to go thru small claims? Haven't done it before but willing to learn and give it a try.
The filing and process fees are probably $75-100. In Texas, they small claims courts have standards forms you can fill out, so the time to file the citation isn't long - maybe 20 minutes depending on if there is a line. There could be another expense if you need to find out their address from the license plate number.

The rest of the time depends on what you want to do - if you want to take any discovery, have settlement negotiations, etc. Theoretically, you could spend 20 minutes filing the citation and then do nothing until the court date 6 months later - though to be safe, you should send copies of the documents/photos that you will use during the trial to the other side. That would probably take 1/2 to a full day. You show up, tell your story, and see what the judge says.

Of course, the defendant could try to run up your costs.

 
Good thing about having a baseball player in the family is that there is always a bat somewhere in my truck. I can do $425 worth of vengeance with just a poke. I wouldn't worry too much about the video surveillance camera. Chances are slim that the camera gets your license plate number. They didn't wait around to get your ID info, so it's just an anonymous eye for an eye.
my link

 
My wife then asks for their insurance information which they refuse to give. She then asks for their ID which they also refuse to give (along with their names).
Maybe you'll remember this accident then next time you go to a Sportsclips for a free haircut and refuse to show your ID.

 
Good thing about having a baseball player in the family is that there is always a bat somewhere in my truck. I can do $425 worth of vengeance with just a poke. I wouldn't worry too much about the video surveillance camera. Chances are slim that the camera gets your license plate number. They didn't wait around to get your ID info, so it's just an anonymous eye for an eye.
Bet on that at your own risk. I install cameras everyday that will grab your plate from quite the distance. The advent of cheap mega-pixel technology is changing a lot in video surveillance.

 
Good thing about having a baseball player in the family is that there is always a bat somewhere in my truck. I can do $425 worth of vengeance with just a poke. I wouldn't worry too much about the video surveillance camera. Chances are slim that the camera gets your license plate number. They didn't wait around to get your ID info, so it's just an anonymous eye for an eye.
Bet on that at your own risk. I install cameras everyday that will grab your plate from quite the distance. The advent of cheap mega-pixel technology is changing a lot in video surveillance.
Life's full of risks. I'll take my chances that they don't go to mall security to find out who dinged their door when they could also find a video sequence of the earlier confrontation where they dinged my car.

 

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