I was visiting a friend for Christmas. One of their roommates drives a huge Dodge truck and sideswiped my car before he went to work early this morning (I stayed the previous night). He caused a good amount of damage to the drivers side of my car, including crushing my fender, taking off my mirror, and severely scratching the drivers door, which I also cannot even open due to the damages. I drive a 2008 Chevy Impala btw.
I’ve reported it to the OPP who’s coming out to assess the damage tomorrow morning. The guy who hit me offered to pay out of pocket, but I’m afraid he may back out after finding out the cost of the repairs (I’d say a good $3000-$5000 in damage).
I’m not entirely sure if insurance will cover it if he backs out. I really cannot afford a new car right now. I’m not sure what to do. Any advice?
Main Legal Issues:
Liability for the damages caused by the roommate's truck.
Options for pursuing compensation for the damages.
Potential insurance coverage and implications.
Questions Answered:
If the roommate backs out of paying for the damages, you may have legal recourse to pursue compensation through small claims court or by filing a claim with your insurance company. The roommate's offer to pay out of pocket could be considered an admission of fault, which may strengthen your case.
If the roommate's offer to pay out of pocket is not honored, you can explore legal options to recover the costs of repairs. Small claims court is a cost-effective way to pursue compensation for damages caused by another party.
If the roommate has insurance coverage for his vehicle, you may be able to file a claim with his insurance company to cover the damages. However, if he does not have insurance or if his insurance does not cover the damages, you may need to rely on your own insurance policy for coverage.
Potential Strategies:
Document the damages: Take detailed photos of the damage to your car, obtain a repair estimate from a reputable auto body shop, and keep records of any communication with the roommate regarding payment.
Consult with a lawyer: A lawyer can provide guidance on your legal options, review any agreements or offers made by the roommate, and assist with filing a claim in small claims court if necessary.
Consider involving your insurance company: Contact your insurance provider to discuss the situation and determine if your policy covers damages caused by uninsured or underinsured motorists. They can advise you on the best course of action if the roommate fails to pay for the damages.
Things to Discuss with a Lawyer:
Liability and legal options: A lawyer can help you understand your legal rights and options for pursuing compensation for the damages caused by the roommate's truck.
Small claims court process: Discuss the process of filing a claim in small claims court, including the evidence needed to support your case and the potential outcomes.
Insurance coverage: Review your insurance policy with a lawyer to determine if you have coverage for damages caused by uninsured or underinsured motorists and how to proceed if the roommate does not pay for the damages.
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