On Feb 8 2008 I parked next to someone's car and sraped paint off their car. I told

[Michelle Evette P]

the person the next day. She looked at the car and said to me that everything was O.K. and not to worry about it. On March 17 she leaves a messsage stating that since the weather has broken that she took the car to have the two scratches buffed out and that they could not be buffed out. My insurance company states claims must be done within 30 days and no police report was done as well. It has been suggested by my family and friends that she has to present me with three estimates as to how much it would cost to have the two scratches on her car fixed. She stated that she was not sure if the "entire" car would have to be painted or not for these two scratches that are on the driver's side near the front of the car. I want to pay her for the damage I did but I certainly don't want to be taken advantage of. What is the best way to handle this?

[myfrenzcallmeheath FM]

thats a tuffie... way to try and do the right thing!

but if she said dont worry about it and didnt file a report, i dont see how you are legally obligated to pay anything... for one, she waited way to long to contact you again. and since it had been past the 30 days your insurance companys policy is, then you are no longer legally obligated... it sounds like she may be trying to take advantage of you.

did you just take her word for it that it was "ok"? the only problem would be tryin to prove that she did in fact say that and there wasnt a problem until the 17th of march.

[raichasays]

Even if your insurance won't pay, that doesn't let you off the hook. Depending on where you live, she may have a year or more to sue you for the damages.

Generally, she doesn't have to give you three estimates. She can choose whoever she wants, have it fixed and hand you the bill. But of course, a court would not order you to pay for the cost of painting the entire car if it was not reasonably necessary to do that.

Ask her if she will have the car looked at by a second body shop before she makes a decision. But whatever she chooses, if you refuse to pay, you can expect to end up in court.

As for your insurance, if you haven't reported it yet, do it now anyway. You may be entitled to more protection than you think. Also, if you can truthfully tell the other party that you have asked your insurance company to handle it, she may be less likely to inflate her claim for damages.