What is "third party damage" in a car accident

Brijo said:

Maybe you missed the part where I said I'd be willing to settle out-of-court for a lesser amount?

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Didn't miss it. Not relevant to this conversation. If you settle, you settle.

Brijo said:

And btw the lowest estimate doesn't include a replacement fender, only hammering out the dent.

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That's all you'd be entitled to on an old car that's worth only $6000.

Brijo said:

I'd require the fender to be replaced.

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You wouldn't get that from an insurance company.

Brijo said:

I NEVER go with the cheapest of anything.

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Yes, you do. You went cheap with your insurance by not buying collision coverage.

Brijo said:

Of course I want to try for the highest amount, because 1) one variable is the cash value of the car itself and I have no idea what a judge might determine that to be. So it's in my interest to ensure I don't get "short-changed", 2) I have no idea if the actual cost of repairs would exceed the months-old estimate or by how much. If I were awarded a lower amount then I'd have to make up the difference out of my own pocket after the fact, but have no way to be compensated for it. Why should *I* be worried about saving the other driver any money whatsoever over saving MYSELF from extra expense? For THEIR wrongdoing??

Making sure the other driver is treated fairly isn't my job, nor did I smash into them then try to blame them for it. If you got only one shot with no possibility of a do-over then you'd do the same I'm sure. Only a fool wouldn't. I didn't create the system.

My time & energy are worth far more than a few possible extra dollars.

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Bottom line is you don't get to punish the other driver by taking more money than he is legally obligated to pay you. He is well within his rights to have you take the car to a shop of his choice for a repair estimate to rebut yours. He is also within his rights to do his own valuation to rebut yours. He is also within his rights to get a salvage estimate from a junk yard that might be a lot higher than yours and would reduce your claim significantly. An insurance company would do all three and a judge would recognize those factors in rendering a decision.

Sure, you're the victim. But the other driver has leverage to protect himself from being gouged as long as he has the money and you want the money.

Zigner said:

Let's say now that the estimates you have are $7,500, $7,000, and $6,500. How much would you be entitled to now?

Answer: $6,000 - because that's all the car is worth.

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Actually less. If OP wants to keep the car, the other driver can deduct the salvage value. If OP wants the full $6000 he signs the car over to the other driver who, in turn, sells it to a wrecking yard for the salvage price.

adjusterjack said:

Didn't miss it. Not relevant to this conversation. If you settle, you settle.

Yes, you do. You went cheap with your insurance by not buying collision coverage.

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Actually I didn't. I added several add-ons to my coverage above the minimum. You really wouldn't know anything about it.

This thread has run it's course.

CLOSED