Fender bender info needed. Small claims court?

[irv]

On Dec 4th, while in my son's school parking lot, around noon, leaving for home and lunch a friend of his backed her Father's truck into the passenger door/front fender of my son's car causing around $1000-$1300 dollars damage.
My son, who is 17, and this is his first car, could have handled the situation better but unfortunately, after he got out and had a small chit chat with his female friend, he left. He didn't get her insurance, drivers license info nor plate number. I know this is a mistake but I assume he panicked/was angry and didn't know how to deal with the situation?
When he arrived home for lunch, he looked further and took pics.

He sent the pics to his friend then got a quote a couple days later. He was informed to do this and was told she would pay for the damages.
Now, 12 days later, and with her continually jerking him around and making excuses that it was in a private parking lot, the fact he left, etc, she hasn't paid him yet. One day she says she is then the next, all these excuses.
This girl has a partime job and works quite often according to my son's girlfriend.

This past Friday I went to his school to find out if there is a video, which there is, plus my son has a witness who saw the whole thing.

Because my son and I both thought the quote was quite high, and with him trying to help his friend out, we got another quote of $600 cash and his car will be repaired in the spring privately.

With school ending for Christmas this coming Thursday, I did not want to leave this matter unattended/unresolved any longer or until the new year so I went to pay the parents a visit just shortly ago.

Needless to say, the visit/talk with the Father did not go good. He told me, half angrily, that it was a private parking lot and that my son left the scene. I told him my son errored but being 17 and never dealing with this type of situation before, likely panicked and didn't know what else to do. I also informed him, which he knows, that my son and his daughter are friends and fixing this problem without involving the police or the insurance is/was the best route to go.

He told me he never seen a quote to which I told him my son forwarded the pics of it to his daughter. He then replied with, well, how do I know more damaged wasn't caused between when the accident happened and when the quote was taken. I told him the quote was obtained just a couple days after the incident and my son is not like that nor a liar. He then turned quickly towards the front door and said this is over, I am done, to which I replied, see you in court.

Curious, as I have never been down this road before, if anyone knows if this can be dealt with now through small claims court?

Please keep in mind, I am in Canada so most likely our laws are different, somewhat, than American laws.

Thanks in advance.

 

[oilpsi2high]

I'd chalk this up as a $ 1300 lesson to ALWAYS get a police report in situations like this. Document everything, pictures, videos, written statement, etc.

That friendship will likely sour.

I'd still let insurance handle this. Make sure to forward them a copy of the video.

 

[eljefino]

Why are you capitalizing father? He's not a deity.

Call the cops, say your kid was not informed of proper procedure but you'd like to file a formal report now, better late than never.

 

[Malo83]

Why are you capitalizing father? He's not a deity.

 

[ecotourist]

Sure he left the scene. Otherwise he'd still be there. Leaving the scene after being run into (while stopped) isn't a crime.

There's video evidence and a witness.Time to file a police report and get your insurance company involved. See if you can get a copy of the video.

I wouldn't go for a "cash deal". Get it repaired right at a good shop. And that will often involve respraying the whole side so the repaired door doesn't stand out.

 

[irv]

Originally Posted by oilpsi2high
I'd chalk this up as a $ 1300 lesson to ALWAYS get a police report in situations like this. Document everything, pictures, videos, written statement, etc.

That friendship will likely sour.

I'd still let insurance handle this. Make sure to forward them a copy of the video.



It's already over. The girl is spreading rumors at school and other girls won't talk to my son's girlfriend, etc.

Originally Posted by ecotourist
Sure he left the scene. Otherwise he'd still be there. Leaving the scene after being run into (while stopped) isn't a crime.

There's video evidence and a witness.Time to file a police report and get your insurance company involved. See if you can get a copy of the video.

I wouldn't go for a "cash deal". Get it repaired right at a good shop. And that will often involve respraying the whole side so the repaired door doesn't stand out.


I am going to try and get a copy of it tomorrow. Hopefully it is still available in which they will give me a copy or at least retain a copy when and if it is needed?

If this goes to court, which at this point it is looking like it, then by all means we are going to go with the original quote/place. They do good work but of course are expensive.

My wife and I can't believe what these parents are teaching, or not teaching in this case, their daughter about being responsible for her own actions. I am really blown away, especially as my son and I are having to deal with the obtaining of quotes plus the fact it will be him without a car for 2 or 3 maybe more days and the fact he tried to help her by finding a cheaper place to get his car fixed.

 

[ecotourist]

Originally Posted by irv
If this goes to court, which at this point it is looking like it, then by all means we are going to go with the original quote/place. They do good work but of course are expensive.

I don't know why you're considering going to court. Going to court would be interesting and a good life lesson for your son, but there would be costs involved and even if you win, no assurance that you could collect.

As I said, your insurance company should be taking care of this. That's one of the things you're pay for.

 

[JamesBond]

Post pics of damage.

The girl probably didn't tell her parents or left out a bunch of details. When you approached the parents, they were caught off guard and worried about police, court, insurance etc. and tightened up. Once they get the rest of the story from their daughter and cool off they might be easier to deal with.

 

[hpb]

Call your insurance company. Give them all the info/evidence and let them handle it. Easy.

I'd be getting a copy of the security camera footage before it gets wiped. Most systems don't store it for very long.

 

[anndel]

Call cops, file a police report. File a claim with the insurance company and they'll go after the girl's father's insurance company to get their money back.

 

[philipp10]

First thing is call the police and file a report. Don't forget your witness to be there. They will handle it and get the insurance companies involved....or her father will cough up the $600. Simple as that. BTW, what does "a private parking lot" have to do with this?

 

[Triple_Se7en]

Originally Posted by philipp10
First thing is call the police and file a report. Don't forget your witness to be there. They will handle it and get the insurance companies involved....or her father will cough up the $600. Simple as that. BTW, what does "a private parking lot" have to do with this?


Irv's opening remarks states he would rather NOT call the police - OR file a claim with insurance.

 

[irv]

Originally Posted by ecotourist
Originally Posted by irv
If this goes to court, which at this point it is looking like it, then by all means we are going to go with the original quote/place. They do good work but of course are expensive.

I don't know why you're considering going to court. Going to court would be interesting and a good life lesson for your son, but there would be costs involved and even if you win, no assurance that you could collect.

As I said, your insurance company should be taking care of this. That's one of the things you're pay for.


Small claims court cost $95 dollars. Like I said above, unfortunately we don't have any info of hers or her father's. The best I could do at this point is get a license plate number and a description of the truck. I highly doubt, at this point, the girl is going to give up her insurance policy number or any other info for that matter?

Once the court decides, and we presume in our favor, are the parties not ordered to pay then and there or within a reasonable amount of time? Can they just avoid not paying despite what the court rules?


Originally Posted by JamesBond
Post pics of damage.

The girl probably didn't tell her parents or left out a bunch of details. When you approached the parents, they were caught off guard and worried about police, court, insurance etc. and tightened up. Once they get the rest of the story from their daughter and cool off they might be easier to deal with.


I wondered that myself for a while now but with the info this girl is using trying to get out of it, I assumed it came from her parents. In talking with the dad tonight, I would pretty much guarantee that is the case. He offered nothing whatsoever in trying to dissolve this. He just talked about a private parking lot, my son leaving and how does he know the car wasn't damaged further by the time a quote was obtained. He clearly, imo, wants to avoid paying anything and he made that undeniably clear when he said our conversation is over and headed back into the house.
I am hoping he heard me say, see you in court, as I think this is the only thing that may make him reconsider?

Originally Posted by anndel
Call cops, file a police report. File a claim with the insurance company and they'll go after the girl's father's insurance company to get their money back.


Like I mentioned above, none of the required, or what I think will be required info, is available. I also believe, with no fault insurance up here, that our insurance company would likely pay for this but I am afraid, despite the accident not being his fault, that his rates will go up?
I don't know enough how all this works, unfortunately.

 

[eljefino]

Lots of people don't call the cops because they feel some personal shame that they're 10% responsible, didn't do enough to stop a situation or report it in a timely manner, did something to "egg it on" etc.

Your son didn't leave the scene of an accident; he was flummoxed and beside himself. Call the cops already. They'll knock on buffy's dad's door (found via plate) and tell him he can pay up or give up his insurance info.

Get on this before buffy's truck gets buffed out.

Sounds like buffy's a ditz and needs to ride the yellow bus for a little bit. You'd be doing the town a favor, taking her off the road, or at least having her pay her fair share of her insurance.

If instead you do nothing, you'll teach buffy that her looks and flirting abilities will get her out of trouble and she'll grow into a greater narcissist and threat to society.

 

[53' Stude]

Originally Posted by eljefino
Lots of people don't call the cops because they feel some personal shame that they're 10% responsible, didn't do enough to stop a situation or report it in a timely manner, did something to "egg it on" etc.

Your son didn't leave the scene of an accident; he was flummoxed and beside himself. Call the cops already. They'll knock on buffy's dad's door (found via plate) and tell him he can pay up or give up his insurance info.

Get on this before buffy's truck gets buffed out.

Sounds like buffy's a ditz and needs to ride the yellow bus for a little bit. You'd be doing the town a favor, taking her off the road, or at least having her pay her fair share of her insurance.

If instead you do nothing, you'll teach buffy that her looks and flirting abilities will get her out of trouble and she'll grow into a greater narcissist and threat to society.


Best advice so far in the whole thread

 

[Nick1994]

I thought in Canada your own insurance always pays for the damages even if other people cause it?

You know where they live, drive by and take a picture of their truck and license plate number.

 

[02SE]

And people wonder why school shootings happen.

Parents are failing miserably to teach their little kiddies some morals and values. The parents of this girl are a prime example.

 

[irv]

Originally Posted by eljefino
Lots of people don't call the cops because they feel some personal shame that they're 10% responsible, didn't do enough to stop a situation or report it in a timely manner, did something to "egg it on" etc.

Your son didn't leave the scene of an accident; he was flummoxed and beside himself. Call the cops already. They'll knock on buffy's dad's door (found via plate) and tell him he can pay up or give up his insurance info.

Get on this before buffy's truck gets buffed out.

Sounds like buffy's a ditz and needs to ride the yellow bus for a little bit. You'd be doing the town a favor, taking her off the road, or at least having her pay her fair share of her insurance.

If instead you do nothing, you'll teach buffy that her looks and flirting abilities will get her out of trouble and she'll grow into a greater narcissist and threat to society.


For sure he was! I am going to try to get that vid tomorrow then I'll likely go file a police report. I know a few Durham Regionals so I will also try and contact one or two of them.

As far as Buffy's truck goes, my son said there was no damage, that he could see, on her dad's chrome rear bumper. She barely touched him but touched him enough o cause a dent and to split the paint in 2 places. Being as it was the side door/front fender, it didn't take much to push it in/scratch it.

Thanks for the info.

For those that are asking, private parking lots are usually off bounds to the police here as long as the damage is minimal and there are no personal injuries. Also, to file a Police report, most police will say, if the total between the 2 vehicles isn't greater than $2000 dollars damage, then don't bother. We now have Collision Reporting Centers up here, CRC's which is where you're suppose to go to report fender benders.

Thanks for the info so far guys, I appreciate it!

 

[maxdustington]

When people tell you to pound sand to try shake you off, that is their way of politely asking to you escalate the situation.

 

[irv]

Originally Posted by maxdustington
When people tell you to pound sand to try shake you off, that is their way of politely asking to you escalate the situation.


I agree, and escalating, it shall become.