Parking Lot Liability - Minor Collision

[catboy]

Recently I was involved in a minor collision in a college parking lot. I scratched the car in front of me and I admit I am totally at fault. I spoke with him after the incident and he claimed that his car was just painted in a stock-black color. However, upon speaking with him again two-weeks later he claims that his car has a metal-flake paint that he did not know about. I think I am being scammed and that he wants me to pay him cash. Also I have heard that minor accidents on private property are 50/50 liability, in that we each pay for our own damage or something. Does the fact that he verbally said he had a stock color mean I only have to pay for that, and does this 50/50 thing mean anything?

 

[NYClex]

hm, first things first: As the injured party he has to prove damage. So if in doubt, he should show you a correct estimate from a bona fide repair shop.

I don't think that there is a "parking lot law." I guess what you mean is the "no fault" doctrine which is valid in 12 states. Under this very questionable idea some states passed laws that in a case of an accident everyone's insurance company is liable for your own damge, regardless of fault. In a pure no-fault system you would then be barred from suing the other party.

Most states which have adopted this rule, though, do not have a pure system but allow the parties to sue each otherunder certain circumstances.

But such a minor fender bender is exactly why they introduced the no fault system: they don't want the courts clogged with cases like this.

Now what should you do? In your shoes I would try to get to a reasonable understanding. If you think he is unreasonable tell him you will let your insurance handle it, may be the aggravation this would cost everyone will make him want to settle for a reasonable amount, especially if you live in a no-fault state, because that would basically mean that he has to get his insurance to pay for it.

 

[catboy]

Feedback

I spoke with the "victim" yesterday and he gave me a quote from a questionable repair shop showing $500. The true cost was $50 for paint and somehow $450 for labor. The labor showed items like removal and reinforcement of the bumper, which really is not required for slight surface damage. I asked the kid (he is 19 or 20) for a couple more quotes, and if I'm still not happy I'll send him to a shop that I trust. After all that if I'm still not happy, I'll just tell him IF he wants to pursue me for a repair that I'm not legally liable for then we'll go through insurance. I'm sure that will be a huge deterent since he is young and is driving a two-door sports car.