HELP! Need your guys' advice! My Porsche indy damaged my car and is avoiding me now!
#31
Rennlist Member
Diablo, you're gonna have to change your username - you're being too nice. File the claim with your insurance company - that type of claim won't raise your rates as it wasn't your fault. He's probably not fixing it because he doesn't have insurance and doesn't have money to pay to fix it. This economy has been hard on everybody, even an established shop. But you've given him plenty of opportunity to fix it - so just come to grips with the fact that he's never going to get it done. You can pursue him in small claims court, but frankly it's probably not worth your time if you're just trying to recover a $500 deductible. I would calmly tell him in no uncertain terms that this situation is unacceptable and that you are going to let the local P-car community know about it by posting the incident on all of the online P-car forums if he doesn't cover your out of pocket by March 1st. Remain professional, but be insistent. He probably won't pay your deductible either, so be prepared to follow through with publicizing the incident. You seem like a very reasonable person, so I'll bet you don't really want to do that. But you really need to warn others, so tell your story and then move on.
#34
Rennlist Member
I would depart from the worthwhile ideas above to this extent: Step 1. Carefully document/photograph all damage (probably already done); Step 2. Source a paint and repair estimate from a shop you think will produce best results; Step 3. Contact directly his liability carrier and deal directly with them - any reputable shop will have a policy with significant limits. No idea about Fla., but some states permit a collision claim (it's a collision not comprehensive - it's your car & a driver with permission) to count against your policy. If you don't find adequate relief, an enterprizing atty. should be able to recover repair costs, diminished value, replacement car rental, etc.. Your patience is commendable; you'll know when it has been exceeded. GL
#35
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Well, as it stands unfortunately my deductible is going to apply, however my indy is going to cover it. Insurance will take care of the rest I suppose.....
#37
Your insurance company then negotiates and/or litigates with the other party's insurance carrier over liability. This can go on for months or even longer. If they win that fight and the other company eventually ponies up, you get your deductible back.