Other party's insurer billing us without basis

[Scofield]

As I parked next to a woman's truck, she abandoned her shopping cart in my diagonal parking spot inches from my door and got in her truck to leave. Opening my door enough to emerge bumped her plastic cart into her OEM side step beneath her REAR door, without damage. Six weeks later her insurance company billed me $750 for new right and left side steps and threatened to forward the claim to a collection agency.

Issues compounding her comparative liability (Washington state):
Her cart is the sine qua non of the incident.
Photos of the alleged dent show it to be:
* sanded in a previous repair attempt,
* below the FRONT door four feet from the cart contact point,
* inconsistent with the cart's profile or soft plastic construction, and
* economically insignificant on a five-year-old truck.
The cart wouldn't even have touched their side step but for their truck being jacked up beyond legal limits, placing Ford's cushioned protective belt line too high to do its job.
The repair ESTIMATE (no repair or other economic loss is claimed) is for both left and right side steps (they're available from Ford individually).
Their police report and insurance claim contradict the facts.

1. Ignoring the cart contact point issue, what's our comparative liability -- what's a fair counteroffer?

2. Would paying the insurer's out-of-pocket $250 shut them up …

3. or merely expose me to liability for the insured's deductible?

4. Would notifying my insurer and letting them fight this cost me brownie points with my insurer?

5. Can the insurer forward a disputed, non-adjudicated claim to a collection agency, and can that damage our 46-year-perfect credit history?

6. Is the insurer likely to go away if we have an attorney prepare and send our dispute letter elaborating the comparative liability points above? (The cost is irrelevant; we don't like extortion.)

 

[seniorjudge]

1. Ignoring the cart contact point issue, what's our comparative liability -- what's a fair counteroffer?

A: Based solely on the information you gave, you are 100% at fault.


2. Would paying the insurer's out-of-pocket $250 shut them up …

A: I don't know.


3. or merely expose me to liability for the insured's deductible?

A: See answer #2.


4. Would notifying my insurer and letting them fight this cost me brownie points with my insurer?

A: Probably.


5. Can the insurer forward a disputed, non-adjudicated claim to a collection agency, and can that damage our 46-year-perfect credit history?

A: Yes.


6. Is the insurer likely to go away if we have an attorney prepare and send our dispute letter elaborating the comparative liability points above? (The cost is irrelevant; we don't like extortion.)

A: This is not extortion; but if you feel strongly enough to hire a lawyer, do so.

 

[Scofield]

1. Ignoring the cart contact point issue, what's our comparative liability -- what's a fair counteroffer?

A: Based solely on the information you gave, you are 100% at fault.

Please explain why I'm fully liable for
a) previous damage
b) despite the other party's intentional and numerous contributory sines qua non.

Now let's consider the contact point issue: I watched the cart bump their rear door; the other party did not see the impact, merely heard it. It's classic "he saw/she heard". i.e., how can her presumption trump my observation?

Thanks.

 

[seniorjudge]

Please explain why I'm fully liable for
a) previous damage
b) despite the other party's intentional and numerous contributory sines qua non.

Now let's consider the contact point issue: I watched the cart bump their rear door; the other party did not see the impact, merely heard it. It's classic "he saw/she heard". i.e., how can her presumption trump my observation?

Thanks.

I did not say you were liable for her previous damage. (By the way $750 is cheap.)

Here's why you are 100% liable: Consider what was moving before you opened the door. Nothing. You opened the door and started the chain of events that caused the new damage.

I wasn't there and haven't seen the car; I don't know how much damage there is.

If you want to spend a couple of thousand dollars to argue over $750, then have at it.

Lawyers need work!:yes:

 

[Scofield]

I did not say you were liable for her previous damage. (By the way $750 is cheap.)

Here's why you are 100% liable: Consider what was moving before you opened the door. Nothing. You opened the door and started the chain of events that caused the new damage.

I don't know how much damage there is.

If you want to spend a couple of thousand dollars to argue over $750, then have at it.

There is no new damage; the plastic cart did nothing to her truck. Even if I had destroyed her step, and even if any repairs were made, full replacement parts and labor for the step the cart bumped would cost only $345, according to the insured's written quote from Ford. The $750 would replace both left and right steps.

 

[seniorjudge]

There is no new damage; the plastic cart did nothing to her truck. Even if I had destroyed her step, and even if any repairs were made, full replacement parts and labor for the step the cart bumped would cost only $345, according to the insured's written quote from Ford. The $750 would replace both left and right steps.

Then by all means hire a lawyer to tell them they are full of crap!