Am I being petty about my repair? What would you do?

[jjrandorin]

I generally agree. No sympathy for that sort of behavior.

That said, the police has recorded the accident, so there is already punitive effect with respect to his driving record.

Secondly, he will incur a financial cost, whether that is through increased premiums (as a result of a claim PAID out), OR as a private settlement.

So the guy will have been dinged on 2 fronts, regardless. With the latter case, the OP might derive a bit more psychological "satisfaction". (Not to mention allaying his professed (1) anxiety over disassembly of vehicle (2) wastefulness of claim (3) satisfaction with the cosmetics of the car).

This is about seeking the optimal net outcome for all parties. Not about vengeance or extortion or illegal or amoral activities. As my final post on this thread I hope that intent has been made clear.

This is where I lose you. "optimal outcome" is not a consideration for someone who ran from an accident... full stop. The "running" party lost any consideration for an optimal outcome for him. Also like I said, the person running has already proven that they didnt want to accept responsibility for this.

Lets spin your idea forward... Say OP followed your advice, and contacted this person directly and tried to negotiate some sort of direct settlement. What about the person who performed hit and run says that they are actually going to follow through on whatever they agree to? What then? Call the cops and say "I made a side agreement with them and they didnt pay? (no)". Show up at their house? (no).

Making a personal agreement in such a case requires some trust, as you would have to trust that the person would "perform" on their end of the agreement.... and what about a person who tries to perform a hit and run says they are responsible and going to perform on their agreements?

As I said, the proof of how "they handle business" is already right there... they ran. Sure we only know about "that one time" but thats all thats needed if OP was even thinking about cutting some sort of side deal. Its a silly idea in this case because that person ran... and I dont see any argument that makes any sense at all for a personal contact with them on a side settlement.

 

[jerseygirl18]

Take the $4500 check from the insurance and don't get it fixed.
Every time you wash the car and see the spot think about that extra $4500 you have in the bank.

If its just the clear coat that is missing (not sure what you meant by the finish is clearly gone) you may want to find another body shop that will re-spray the bumper with clear coat, it should not cost that much at all.

I agree with your concerns about the rear half of the car being taken apart because they never seem to put everything back together the same way as when it was originally built in the factory.

just adding a little spice here...but every time a person does what you are suggesting...ins rates go up..if it's legit file the claim, do the work & be happy your car looks great again!!

 

[jerseygirl18]

Take the $4500 check from the insurance and don't get it fixed.
Every time you wash the car and see the spot think about that extra $4500 you have in the bank.

If its just the clear coat that is missing (not sure what you meant by the finish is clearly gone) you may want to find another body shop that will re-spray the bumper with clear coat, it should not cost that much at all.

I agree with your concerns about the rear half of the car being taken apart because they never seem to put everything back together the same way as when it was originally built in the factory.

You also dont know if there is something "deeper" under there, and NOW is the time to find out in my opinion. Maybe its petty (ok I know its petty), but if I was in your situation, I would want the charge to be enough to deter the guy from every even considering doing something like that again.

He parked behind you, hit your car hard enough to dent it with his big @#@R vehicle, then tried to get away, not knowing the car was being taped. The more of these situations that happen (with consequences) the more people will "be careful around tesla's".

 

[jerseygirl18]

Take the $4500 check from the insurance and don't get it fixed.
Every time you wash the car and see the spot think about that extra $4500 you have in the bank.

If its just the clear coat that is missing (not sure what you meant by the finish is clearly gone) you may want to find another body shop that will re-spray the bumper with clear coat, it should not cost that much at all.

I agree with your concerns about the rear half of the car being taken apart because they never seem to put everything back together the same way as when it was originally built in the factory.

as a former ASA..the law is the law....however there is a moral issue here that becomes a legal issue too...if you take the $ and don't do the work...that being said why be so concerned about him getting his "just desserts" if you are willing to "cheat" the ins comp? and BTW don't put this stuff in a paper trail....

 

[Rothgarr]

Did I miss the picture?

Did I miss the picture?

No. Per my OP you can't even really see it. Wouldn't show up in a pic.

 

[Rothgarr]

OP Update #2.

Got back fro Tesla and they can do the work for a little over $1,100. The part is $900.

Even though I'm not paying for it, $4.5k seemed really stupid high. And I also didn't like how the autobody shop made it seem like they have to remove the back seats and everythng. Seemed like they were going to tear the whole car apart.

So, THANK YOU SO MUCH to those who suggested going directly to a Tesla service center. They even have the painted part in stock, I have an appointment next week -- they said it would only take an HOUR.

 

[Zaxxon]

as a former ASA..the law is the law....however there is a moral issue here that becomes a legal issue too...if you take the $ and don't do the work...that being said why be so concerned about him getting his "just desserts" if you are willing to "cheat" the ins comp? and BTW don't put this stuff in a paper trail....

I'm confused by your stance. Taking the money and not performing the work is not in any way cheating the insurance company. The payment is to make the impacted party whole. They suffered a loss (damage to their car). There is no reason--moral or legal--that they are required to actually repair the car*.

* - If the car has a loan against it, this is not the case, as the lienholder will likely mandate the repair as it's their asset and they must protect their ability to resell it should the loan end in default.

 

[holmgang]

Lets spin your idea forward... Say OP followed your advice, and contacted this person directly and tried to negotiate some sort of direct settlement. What about the person who performed hit and run says that they are actually going to follow through on whatever they agree to? What then? Call the cops and say "I made a side agreement with them and they didnt pay? (no)". Show up at their house? (no).

Making a personal agreement in such a case requires some trust, as you would have to trust that the person would "perform" on their end of the agreement.... and what about a person who tries to perform a hit and run says they are responsible and going to perform on their agreements?

I'll oblige, as you beckoned. 1-This isn't a complex transaction. 2-There are no assurances, but OP has nothing to lose.
It's a cash transaction that thousands of people begrudingly do everyday in fender benders.

"Hello, I'm the owner of such and such car. Your insurance has approved repair of my car for XX. I'm willing to forgo the claim and settle privately for YY. Meet me at the radioshack next to the Arco station at 7:43pm under a full moon with non-consecutive unmarked bills".

Worst case scenario, the counterparty hangs up. OP goes through with insurance claim. Done. Like other people have said upthread, this isn't nefarious, cash settlements happens every single day.

just adding a little spice here...but every time a person does what you are suggesting...ins rates go up..if it's legit file the claim, do the work & be happy your car looks great again!!

And recording a (approved) $4500 claim for a miniature scratch doesn't increase the rates?

 

[MP3Mike]

Worst case scenario, the counterparty hangs up.

Um, really? Worst case scenario is the counterparty shows up and assaults you for coming after him.

 

[jjrandorin]

Um, really? Worst case scenario is the counterparty shows up and assaults you for coming after him.

Exactly. Worse case is the person shows up, and then wants to "teach a lesson" to the person who "tracked him down and is now trying to extort him".

No benefit at all to the OP, the only benefit would be to the person who ran. I still dont understand @holmgang 's stance. It only benefits the person who performed the hit and run, and furthermore would put the OP at some amount of risk (small or not) for absolutely zero benefit.

OP, sounds like the bumper cover from the service center will work great. Hopefully there is nothing damaged under there, but I would also be hesitant about taking the car apart for no reason.

 

[DopeGhoti]

Got back fro Tesla and they can do the work for a little over $1,100. The part is $900.

Even though I'm not paying for it, $4.5k seemed really stupid high. And I also didn't like how the autobody shop made it seem like they have to remove the back seats and everythng. Seemed like they were going to tear the whole car apart.

So, THANK YOU SO MUCH to those who suggested going directly to a Tesla service center. They even have the painted part in stock, I have an appointment next week -- they said it would only take an HOUR.

This? This is just about the optimal outcome.

 

[tomas]

OP Update #2.

Got back fro Tesla and they can do the work for a little over $1,100. The part is $900.

Even though I'm not paying for it, $4.5k seemed really stupid high. And I also didn't like how the autobody shop made it seem like they have to remove the back seats and everythng. Seemed like they were going to tear the whole car apart.

So, THANK YOU SO MUCH to those who suggested going directly to a Tesla service center. They even have the painted part in stock, I have an appointment next week -- they said it would only take an HOUR.

Glad that worked out. Suggest you keep detailed receipts for repair. If it ever comes up in resale, you can demonstrate the extent of damage and that new bumper was new, OEM with matching OEM paint. Car fax records only show that there was body work, not what it was.

I, for one, admire how you handled. Sniffing out BS high body shop quote and lies about repair process. Wanting a “fair” repair price vs just grabbing insurance money. We all pay for insurance claims eventually through premiums.

Also suggest you send “certified” body shop estimate to Tesla service North America along with receipt from Tesla for actual repairs. They need to know how their “certified” shops are behaving.

 

[holmgang]

Um, really? Worst case scenario is the counterparty shows up and assaults you for coming after him.

You can get assaulted on the road, after an auto accident.
You can get assaulted arranging a consensual sale of an xbox on craigslist.
If the guy was on video rip-roaring drunk, driving an unmaintained junker, who sped away after a significant wreck... its a good indicator to stay clearly away.
If the guy was shimmying back and forth 8-10 times to get in a spot, and shimmied back and forth getting out of it, his running away is a poor moral decision, sure, but im not ready to assuming its a person going around looking to beat up on people either.

I assume OP and most people are perceptive enough to adequately judge the risks of that sort of stuff.

 

[jelloslug]

as a former ASA..the law is the law....however there is a moral issue here that becomes a legal issue too...if you take the $ and don't do the work...that being said why be so concerned about him getting his "just desserts" if you are willing to "cheat" the ins comp? and BTW don't put this stuff in a paper trail....

There is no "cheating" in taking an insurance settlement and then fixing it yourself for less or not fixing it at all. They settlement is a payment to cover the cost of the repairs at the industry specified rate, nothing more and no string attached. The only exception would be if the claim was on your own policy with a lien holder listed as an interested party. The lien holder can demand that the car be repaired to factory specifications.

 

[jelloslug]

OP Update #2.

Got back fro Tesla and they can do the work for a little over $1,100. The part is $900.

Even though I'm not paying for it, $4.5k seemed really stupid high. And I also didn't like how the autobody shop made it seem like they have to remove the back seats and everythng. Seemed like they were going to tear the whole car apart.

So, THANK YOU SO MUCH to those who suggested going directly to a Tesla service center. They even have the painted part in stock, I have an appointment next week -- they said it would only take an HOUR.

I'm glad to hear that you were able to get a reasonable and satisfactory outcome. Examples like this are why the insurance rates are ticking up on these cars even when they should not be.

 

[jjrandorin]

You can get assaulted on the road, after an auto accident.
You can get assaulted arranging a consensual sale of an xbox on craigslist.
If the guy was on video rip-roaring drunk, driving an unmaintained junker, who sped away after a significant wreck... its a good indicator to stay clearly away.
If the guy was shimmying back and forth 8-10 times to get in a spot, and shimmied back and forth getting out of it, his running away is a poor moral decision, sure, but im not ready to assuming its a person going around looking to beat up on people either.

I assume OP and most people are perceptive enough to adequately judge the risks of that sort of stuff.

Now you are just making divergent arguments. The closest is your argument about getting assaulted arranging a consensual sale of an xbox on craigslist. If you add arranging that sale with a person who you saw on the news got busted stealing from a store then you are closer to an apples to apples comparison. That person was on video committing a known crime (hit and run) and now you advise someone to contact them to "work out a deal" to give them a chance. Why, when they have already proven they were willing to commit a crime?

Stealing from a store would be a poor moral decision as well, but I certainly would not "buy an xbox on craigslist" from such a person. Sounds like you would.

 

[trm2]

"Hello, I'm the owner of such and such car. Your insurance has approved repair of my car for XX. I'm willing to forgo the claim and settle privately for YY. Meet me at the radioshack next to the Arco station at 7:43pm under a full moon with non-consecutive unmarked bills".

Ok, so maybe things are different in the EU, I am not in the industry there (and haven't studied the EU market since I started in the industry in the 1990s), but in the US, once the insurance company is contacted and a claim initiated, there is no undoing it. It is a claim even if there is no payout. If said claim will raise insured's rates, it will raise rates. Your suggestion would result in:

1. The insurance company saving money (yeah for the insurance company!)
2. The at-fault insured having their rates go up (maybe)
3. The at-fault insured paying money out of pocket

The loser that hit the OP would be an even bigger loser.

 

[KenC]

No. Per my OP you can't even really see it. Wouldn't show up in a pic.

Yes, but he has a Sentry video, and his detailer can see there's a dent. Some things cameras show better, and some things, worse. We won't know until he takes a pic. Surely, he took a pic before he wiped off the "smudge".

 

[Rothgarr]

Yes, but he has a Sentry video, and his detailer can see there's a dent. Some things cameras show better, and some things, worse. We won't know until he takes a pic. Surely, he took a pic before he wiped off the "smudge".

Ug, stupidly, I didn't. I can't believe I didn't.

But you can clearly see (and feel) that the clearcoat is gone (but it doesn't show up in pictures. There's also a dent that you can feel (that again doesn't show up in pictures)

 

[holmgang]

Now you are just making divergent arguments. The closest is your argument about getting assaulted arranging a consensual sale of an xbox on craigslist. If you add arranging that sale with a person who you saw on the news got busted stealing from a store then you are closer to an apples to apples comparison. That person was on video committing a known crime (hit and run) and now you advise someone to contact them to "work out a deal" to give them a chance. Why, when they have already proven they were willing to commit a crime?

Stealing from a store would be a poor moral decision as well, but I certainly would not "buy an xbox on craigslist" from such a person. Sounds like you would.

The world isn't black and white and wholly filled with evil criminals (though they certainly exist). I made it explicit I don't condone hit and run, and am glad his deed was justly recognized by the police.

Established law supports that nicking a candy bar from the corner store isn't the same as stealing as an xbox isn't the same as grand theft auto. So while anything can certainly happen, based on what's said so far, I'm not ready to write off the guy as Ted Bundy. Though opinions can differ.

So you you are certainty entitled to yours, just as you judged my personal moral character, if doing such things come so naturally to you.