I hit a parked car & I think the owner is trying to scam me

[Beacat615]

I hit a parked car with no one inside, causing a huge dent. My insurance company wants to total the car and cut a check for the current value. The owner of the car wants me to pay the difference between the check and the cost to get it fixed and buy it back once it's been declared totaled, which is around $700.

Should I agree to this? If I don't can she sue me or take further action? She has been real shady about this from the beginning- she did not even want me to contact the insurance company to begin with. She will not correspond with me in writing, only over the phone or face to face, where I cannot produce a record later if needed.

If I agree to pay her the difference, what do I need to put in writing to make sure this does not come back to bite me later on?

HELP!!!!!!!

 

[dee_dub]

No, you should not.

If you DO - and, again, you should not - how are you worried this could come back to bite you?

 

[Beacat615]

Because what if the final repair cost more than I've given her? By giving her a partial payment, does that obligate me to pay her more if the cost goes up?

 

[dee_dub]

You hit her car and wrecked it. She's entitled to the value of the car, which she is going to receive from your insurance company. She is not entitled to anything above that - so I don't know why you'd offer anything more in the first place. If she DOES get anything more from you, she's already made out more than she was entitled to.

If for some bizarre reason you want to give her more than she's entitled to, and you want to be crystal clear about it, don't give her anything unless she signs a release. It should state something to the effect that whatever amount you pay is in full and final settlement of any and all claims she may have against you. Or something like that. But frankly, I'd just let the insurance company handle it. That's what they're there for.

 

[PILawGirl]

This is why you have property damage coverage on your insurance. Do not give that person a penny more. As for the person who owns the car, if she's upside down on her loan, that's her problem. FAIR MARKET VALUE. You live, you learn, you crash, you burn.