Visitor Question

Responsible party avoiding responsibility?

Submitted By: Jack (Katy, TX, USA)

My car was hit and damaged while parked overnight by the apartment building. The person left a note with a phone number and admitted responsibility when we talked initially, but now is backing off and is not responsive. I have a copy of her insurance card.

What should I do? Do I call the police and report the incident, or simply call her insurance company to file a claim? Is there anything I need to watch out for? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Jack,

At this point you have the driver’s insurance information. Contact her insurance company and explain what happened. The insurance company may have already heard from their insured driver and as a result a claim may already be opened. If so, a claims adjuster will already be assigned. Fortunately, there were no personal injuries, only property damage.

In the alternative, if the driver has not already contacted her insurance company, you will initiate the claim.

Once the claim is opened, the insurance company will contact their insured and ask for an explanation.

The adjuster will ask you to submit two or three estimates for repairs to your car. Make sure when you get these estimates you demand the parts used to replace the damaged ones are OEM – (Original Equipment Manufactured). Otherwise, the repair shop may install cheaper and lesser quality parts made offshore.

You have a right to have your car repaired with the same quality parts it came with when you purchased it.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 9, 2015

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