Fender bender info needed. Small claims court?

[chainblu]

Let us know what happens, as it happens.

 

[Andrew1972]

If the parent is a dim wit will likely deny it happened to their insurance and you are SOL on collecting. Court works and their insurance will cover the cost not the parent/daughter if at fault. While 17 years can drive not all are equipped to handle situations like this. They are kids and having a vehicle is massive responsibility. Given kids are glued to phones or at least have them surprised a photo or 10 was not taken.

 

[Propflux01]

Originally Posted by 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.

It is irrelevant now, if he wants any closure without opening his own wallet. Like others have posted, police report, school video, insurance handling. Done with it. And when it gets taken care of, he can brag all he wants about how she was in the wrong.

 

[dbias]

Being a parking lot i seriously doubt the police will make a report. Turn over video evidence and plate number/picture to insurance, have your insurance fix your car and let them subrogate the damages. Everyone pays way too much for insurance to not have them help make you whole asap.

 

[Rolla07]

Just get a police report and let your insurance handle it. The police and insurance company will figure it out.

 

[irv]

Originally Posted by madRiver

If the parent is a dimwit will likely deny it happened to their insurance and you are SOL on collecting. Court works and their insurance will cover the cost not the parent/daughter if at fault. While 17 years can drive not all are equipped to handle situations like this. They are kids and having a vehicle is massive responsibility. Given kids are glued to phones or at least have them surprised a photo or 10 was not taken.

But I was called by the school on the day of, shortly after it happened, and was informed said girl backed into my son's car. Thinking there should be a school incident report number for this as well, plus hopefully the video too.

Originally Posted by dbias

Being a parking lot i seriously doubt the police will make a report. Turn over video evidence and plate number/picture to insurance, have your insurance fix your car and let them subrogate the damages. Everyone pays way too much for insurance to not have them help make you whole asap.

I was informed by 2 different people in the know, a police report can still be filed. It looks like I will be using the insurance companies now. Trying the nice guy approach obviously didn't work so her and her parents are going to realize the hard way that they could have just avoided all this.

Originally Posted by Rolla07

Just get a police report and let your insurance handle it. The police and insurance company will figure it out.

First thing in the morning. I now have his license plate number and a description of the truck including its year.

 

[Wrenchturner44]

As a wise person once said "This is why you have insurance". Between their experience and legal staff if necessary, they will figure it out. They have much longer reach for gathering information on the girl who hit your son, the truck she was driving, and the family and or the ownership of the vehicle. My guess, as others may have already said, is there is probably more behind the scenes with the girl's driving record. The insurance company will find that out along with other proof details (video surveilance) or recorded interview with the girl or other witnesses. I agree that the parents are not doing their kid any favors in raising them in the way they are.

 

[FirstNissan]

I would personally just go to the local station and file a police report in the AM, followed by a personal visit to the school for a copy of the crash. Both the report and the video then get submitted to my insurance and then I ask them when and where I can expect to take my car to be fixed, with no increase in MY rates. There is no point getting in the other sides face, no point having a conversation or trying to negotiate. People can be unreasonable and very volatile. Not worth it at all. Let the cops/insurance do their job.

 

[eljefino]

Originally Posted by irv

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!

You seem like you're talking yourself out of talking to the police. Ring them up (like you say you will) and let them tell you that you're wrong. If local police don't police a public school parking lot, who does? The first thing your insurance will ask, is did you file a police report. Because they want you to clear that hurdle of not lying under perjury.

 

[PimTac]

"Parents are failing miserably to teach their little kiddies some morals and values. The parents of this girl are a prime example." Honesty is becoming a lost virtue sadly. Instead of owning up to a mistake they try to get away with it. Gamers, all of them.

 

[maxdustington]

Originally Posted by PimTac

Honesty is becoming a lost virtue sadly. Instead of owning up to a mistake they try to get away with it. Gamers, all of them.

I think there are other factors, my sister pulled the same crap when she was a teen and boy did it every [censored] my Dad off lol. Putting the Dad on the spot like that only works with men who 1. Are not insecure and can handle confrontation without becoming defensive, hostile or telling whatever lie will get them out of the situation 2. Are not actively trying to take advantage of any situation they can, which is clearly what he is doing. Often times this is seen as "being smarter" I've tried to act honorably many times but had it blow up in my face because someone had no sense of fair play at all. Confronting someone one on one without witnesses is not how things are done in the grievance/outrage culture of 2018.

 

[ecotourist]

Originally Posted by irv

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?

The basic cost for small claims court is quite low as you point out. But you should subpoena the witness(es) - or they might not show up - and your case would be considerably weakened. I don't know how to do that, and I'll bet you don't either. Finding out how to do it and then doing it will cost you something. I don't know how to get the video or the insurance estimates introduced into evidence either. Do you? And my understanding is that although the court may find in your favour, the other side can simply not pay.Then it's up to you to enforce the court's decision. And that's going to cost more money. Why not just file a police report and get your insurance company to sort this out? It doesn't seem as though this girl has earned any "special consideration". And I'd forget about the low-ball cash repair deal, Get the door fixed properly.

 

[JLTD]

Skipped a bunch of posts to tell you: Call your insurance ASAP. You can lose your coverage for not reporting an accident. Since she is jerking him around simply report it to your company and let them do what you pay them to do.

 

[irv]

Originally Posted by FirstNissan

I would personally just go to the local station and file a police report in the AM, followed by a personal visit to the school for a copy of the crash. Both the report and the video then get submitted to my insurance and then I ask them when and where I can expect to take my car to be fixed, with no increase in MY rates. There is no point getting in the other sides face, no point having a conversation or trying to negotiate. People can be unreasonable and very volatile. Not worth it at all. Let the cops/insurance do their job.

I have already called the school this morning and I am awaiting a return call from the VP who is the lady I spoke with on Friday. Once info is gathered I'll either get a copy of the video if it still exists, a incident number then I'll be on my way to the Police Station to file a report.

Originally Posted by eljefino

Originally Posted by irv

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!

You seem like you're talking yourself out of talking to the police. Ring them up (like you say you will) and let them tell you that you're wrong. If local police don't police a public school parking lot, who does? The first thing your insurance will ask, is did you file a police report. Because they want you to clear that hurdle of not lying under perjury.

Absolutely not. I have mentioned that now a few times that this is now my plan. I also found out it is the duty of the driver who caused the accident to file a Police report. Either party can but the onus is on her to do that, not my son. Regardless, I will be filling one today. Thanks for the info everyone. I'll keep you informed, as it becomes available, how things are progressing.

 

[bullwinkle]

Not sure how things are done in Canada, but private property is no fault here in Ohio, if they run into you, it's your problem. It's happened with company vehicles on numerous occasions, generally the police won't even come out if you call them. The father should take responsibility, but it looks like the apple didn't fall too far fron the tree!

 

[69GTX]

Originally Posted by dbias

Being a parking lot i seriously doubt the police will make a report. Turn over video evidence and plate number/picture to insurance, have your insurance fix your car and let them subrogate the damages. Everyone pays way too much for insurance to not have them help make you whole asap.

This. It's no different than if you came back out of a supermarket and found the car damaged without anyone around and no witnesses. Happened to me 2 yrs ago. Car was sideswiped down both side doors and a dent in the lower rocker panel. Presented the info to my insurance company and they handled the $1300 in repairs. Easy Peasy. I had to get 2 quotes and that was it. No need for police or anything else, assuming your insurance company is decent. My state is a no-fault state which helps. The fact that you have evidence on your side (perps, eyewitnesses and video evidence) should make it a slam dunk. Your insurance co. may be peeved you didn't report this as soon as it happened. But that shouldn't change anything. Forget small claims courts or lawyers unless yours and their insurance refuses to pay. Insurance company before police. They may tell you they don't even need a police report as long as you have all the proof and evidence. The police may be needed just to get the perp's insurance info. Though your insurance company may be able to dig that up with a plate number and owner's name.

 

[KrisZ]

Usually police will not file a report if the damage is around 1000 dollars, last time I checked. Also, since this was not on a public road, the may not want to file a report for that reason. I would talk to the police and find out for sure, but I have a feeling they will advise not to file a report with them. Small claims court may be the best option, since any insurance claim in Ontario is almost a guaranteed price hike upon renewal.

 

[69GTX]

Another private parking lot fender bender from 15 yrs ago. My wife was parked at a local family owned mini-grocery store with gas pumps. She was in the car when someone started backing towards her. She blared the horn. But not before they caused impact and dented the lower rocker panel to the tune of approx $800. They exchanged insurance information. Police were never called nor were they needed. When she got home 10 min later she called our insurance company....and they already had the information as the other party had already called it in to their company. I've never seen an insurance increase on any of the fender bender/accidents caused by the other party.

 

[irv]

Originally Posted by KrisZ

Usually police will not file a report if the damage is around 1000 dollars, last time I checked. Also, since this was not on a public road, the may not want to file a report for that reason. I would talk to the police and find out for sure, but I have a feeling they will advise not to file a report with them. Small claims court may be the best option, since any insurance claim in Ontario is almost a guaranteed price hike upon renewal.

This is what I am afraid of! Even though he isn't at fault, due to "No fault" insurance, his (which is mine) insurance will go up? I still haven't heard anything back from the VP yet, which I find odd but I am going to call soon again to make sure she knows I want to talk to her. 2 different police officers have told me the police will fill out a report if requested and I explain to them the girl is jerking my son around and the father is being unreasonable. I will hopefully find out soon about that? Not that I want to play all my cards at once, but I do know the chief of Police as well. I am unsure of his availability but will request him if needed. My son's girlfriend mentioned to me she just got out of a guidance counsellor mtg with the girl. It did not go well as the girl is still using every angle possible, including saying her father is advising her not to pay. Lots of crocodile tears, the whole nine yards. My son's girlfriend and the counsellor, indirectly told her, despite all of the excuses, she is still at fault and should pay up. At this point, it looks like that isn't going to happen so I am no further ahead at the moment. I do feel sorry, just a tiny bit for the girl, as after meeting her father, I understand where this behaviour is coming from. Unfortunately, as we like to blame the kids for their behaviour this day and age, the majority of the time it is a direct result of parenting and nothing more. This whole situation sucks. It could have all been easily avoided if the girl/parents just owned up to her mistake. Friendships have been lost, school work has suffered, etc, etc. The drama is unbelievable. My son did nothing wrong and he actually tried to help her by getting a much lower quote so I know he is shocked at how this is unfolding. I feel sad for him as he is naive and expects everyone to be above board, kind, gentle, forgivining, etc.

 

[Traffic242]

Originally Posted by KrisZ

Usually police will not file a report if the damage is around 1000 dollars, last time I checked. Also, since this was not on a public road, the may not want to file a report for that reason. I would talk to the police and find out for sure, but I have a feeling they will advise not to file a report with them. Small claims court may be the best option, since any insurance claim in Ontario is almost a guaranteed price hike upon renewal.

Where did you hear that police wont file a report for damage around $1000? Last time I checked, law enforcement aren't insurance adjusters and cant make that determination. Around here, if someone demands a report, they get a report, private property or not.