Here are the details of the situation:
I am assuming I scratched a car parked on the curb with my push
lawnmower. I left a note saying "I may have scratched your car.
Please contact me." Driver (not the owner) of the vehicle says she
hadn't noticed the scratch before. I offered to try to buff it out
for her the following day but she mentions she has to head back to
Fresno (300 miles away) the next morning where she is attending
school. I ask her to get me some estimates on getting it buffed out
or send me the bill if it's under $100. A month later, she faxes 3
estimates ranging from $1200 - $1800.
Her father (the owner) now calls to see what I want to do. I offer
him $250 to cover the expense of having an auto detailer buff it out
for him and explain that $1200 worth of damage from a push mower seems
quite exorbitant and the details of the estimates indicates work
resembling that of an auto collision rather than a guy pushing a
lawnmower. He decides to go through his insurance company rather than
settle.
Farmers Insurance is now contacting me to pay the $1200.
I dispute the amount of damage I may have caused. *Anything* could
have happend to the vehicle from the time she left for Fresno till the
time she got the estimates. I have a digital picture of the scratch.
How should I respond to their insurance company if 1)There's no proof
I even caused this scratch, 2)I feel the costs and type of repair are
unreasonable, and 4)I'm wondering now if some other damage may have
occured between the time of the incident and the time of repair.
NOTE: We rent and have no property insurance to cover such things.
Also, I don't mind going to small claims court to fight this, however,
is that how insurance companies operate - through small claims? How
far will they go in a situation like this?
Any help/advice would be appreciated.
TIA,
Whiff

Here are the details of the situation:
I am assuming I scratched a car parked on the curb with my push
lawnmower. I left a note saying "I may have scratched your car.
Please contact me." Driver (not the owner) of the vehicle says she
hadn't noticed the scratch before. I offered to try to buff it out
for her the following day but she mentions she has to head back to
Fresno (300 miles away) the next morning where she is attending
school. I ask her to get me some estimates on getting it buffed out
or send me the bill if it's under $100. A month later, she faxes 3
estimates ranging from $1200 - $1800.

I dispute the amount of damage I may have caused. *Anything* could
have happend to the vehicle from the time she left for Fresno till the
time she got the estimates. I have a digital picture of the scratch.

How should I respond to their insurance company if 1)There's no proof
I even caused this scratch, 2)I feel the costs and type of repair are
unreasonable, and 4)I'm wondering now if some other damage may have
occured between the time of the incident and the time of repair.
NOTE: We rent and have no property insurance to cover such things.
Also, I don't mind going to small claims court to fight this, however,
is that how insurance companies operate - through small claims? How
far will they go in a situation like this?

Whiff,
You seem to admit causing the damage. You've been provided with 3
estimates to repair the damage.

You seem to believe that the damage could be
buffed out. There's little question that you will have to pay to get the
damage fixed. Call the body shops that provided the estimates and ask what
they think of you "buffing" as a repair and how much they would charge for
this. Don't be surprised if they reject buffing as a solution.

Confirm with
the body shops that the estimate is to fix only the scratched paint.
Good luck,
Dave M.

I am not a lawyer. I do not even see email sent to this address, due to
past DOS attacks. If you wish to respond, do so through this newsgroup.

whiffleboy@gmail.com (Whiffleboy) wrote in message news:<9fa4b26c.0410211002.5ee81b05@posting.google.com>...
...
Contact the insurance company, and tell them you want to see photos of
the damage. You're entitled to that, they have to prove their damages
- if they can't produce them, or if their photos are different than
what you have, offer to provide YOUR photos to refute their claim.
You can also take the photos you have to a collision repair shop and
ask them how much it would cost to repair a scratch like that - they
should be able to ballpark you, and depending on where the scratch is
and how many panels it affected, $1200 isn't really shocking.
The carrier will go as far as it takes to get paid, as long as the
cost to pursue doesn't exceed the recovery. They may write it off and
sell the debt to a collection agency, and they're tenacious and will
tack fees on.
So after you negotiate - advise the rep you don't KNOW if you did the
damage in question, go in with an alternate repair cost from a
certified, licensed repair shop, etc. and then offer what you feel is
reasonable. This may not satisfy them, but it may (especially if they
have no photos, or their photos show damage that yours doesn't).
Then go get insurance. Even though you rent, you can get renters
insurance that will cover you for liability claims such as this, and
it will also cover your personal property against damage.

Here are the details of the situation:
I am assuming I scratched a car parked on the curb with my push
lawnmower. I left a note saying "I may have scratched your car.
Please contact me." Driver (not the owner) of the vehicle says she
hadn't noticed the scratch before. I offered to try to buff it out
for her the following day but she mentions she has to head back to
Fresno (300 miles away) the next morning where she is attending
school. I ask her to get me some estimates on getting it buffed out
or send me the bill if it's under $100. A month later, she faxes 3
estimates ranging from $1200 - $1800.
Her father (the owner) now calls to see what I want to do. I offer
him $250 to cover the expense of having an auto detailer buff it out
for him and explain that $1200 worth of damage from a push mower seems
quite exorbitant and the details of the estimates indicates work
resembling that of an auto collision rather than a guy pushing a
lawnmower. He decides to go through his insurance company rather than
settle.
Farmers Insurance is now contacting me to pay the $1200.
I dispute the amount of damage I may have caused. *Anything* could
have happend to the vehicle from the time she left for Fresno till the
time she got the estimates. I have a digital picture of the scratch.
How should I respond to their insurance company if 1)There's no proof
I even caused this scratch, 2)I feel the costs and type of repair are
unreasonable, and 4)I'm wondering now if some other damage may have
occured between the time of the incident and the time of repair.
NOTE: We rent and have no property insurance to cover such things.
Also, I don't mind going to small claims court to fight this, however,
is that how insurance companies operate - through small claims? How
far will they go in a situation like this?
Any help/advice would be appreciated.
TIA,
Whiff

This appears to be California (unless, say, you're in Reno).
In California, the deck is stacked in favor of the insurance company
that paid out on damages suffered by their insured (as well as the
insured and the body shop that did the work). There is no requirement
to get multiple estimates and go with the lowest estimate. The insured
can get the damage fixed at any shop he or she wants to, in whatever
manner is not totally unreasonable, so your claim that it could have
been fixed with a $250 detail job is a non-starter even if it is true.
Once the insurer has paid for repairs, the insurer has the right to
subrogate against anybody who caused the damage. The insurer will have
detailed justification, prepared by adjusters and repairmen who do
this for a living, as to just why it cost what it did. Your assertion
that it could have been done for less puts you in the position of an
unarmed man facing a tag team of gladiators.
If you want to get out of this for less than the insurance company is
dunning you for, you will need to negotiate from a position of
strength. The best way to place yourself in such a position is to hire
a lawyer. Note, however, that the cost of doing so may exceed the cost
of settling. Your call.

<thisisme@cotse.net> wrote in message

I'd love to respond. Do you have any advice or an opinion to offer?