A couple days ago, this idiot reversed into my rear bumper. He didn't want to go through insurance so I said fine. I went to a couple body shops, pulled out an estimate and I gave it to him on Friday. I was supposed to go to the body shop tomorrow morning when he calls me and say he wants to go through insurance and that he has a lawyer. I plan on calling my insurance first thing in the morning.

1.) Is there a problem now that I didn't report the accident and he reported it first?

My bumper was hit from the side so he can't really say that I hit him. And he only has my license plate number which was on the estimate while I got his driver's license, and the car's insurance (he was driving his gf's car).

I'm just worried because he has a lawyer now. Next time this happens, I'm going straight through insurance.

 

Did you get anything in writing stating that he was at fault?

 

I'm glad you learned your lesson, I've seen so many people get burned by peopel who say they'll pay out of pocket.
Don't worry about the lawyer too much, just stick to your true story and do not change/alter/guess anything. Do not settle for any kind of share liability if you know for a fact that you're not at fault. If his insurance company wants to share liability or some other crap, go through your own insurance company and have them subrogate. If it's not your fault then your insurance company will not raise your rates base on this incident. Because he offered to pay, that's him accepting liability, however it comes down to your word against his and they will try to "compromise" thusly.
Oh, you should also try to file a police report.
Unless it's someone you know and can trust, never trust a stranger. Your insurance company should understand as your original intention was to go through the claimant for the repairs.
But if you feel compelled to help out someone so they won't raise their insurance premiums, tell them fine, I'll give you the option to pay out of pocket, but I still want your insurance info in case you try to short change me. Most of the time what happened to you isn't the case, but people get sticker shock when they find out what a simple repair can cost; what looked like a simple dented bumper could lead to a $2000+ repair after it's all said and done, and then they get all huffy about how you're trying to rip them off, etc etc... and people think dealing with insurance companies is bad. I've seen seemingly simple scuffed bumpers lead to a replacement of a bumper, reinforcement bar, energy absorber, a rail, etc etc, all because it hit on that sweet spot.
Btw, walk in estimates tend to estimate on the higher side, especially when compared to the agreed estimates negotiated with insurance companies.
Anyway, gl with that madness. Btw, you live in Cali so they owe you for a rental car too while the car is in the shop for the related repairs (another reason to go straight through their insurance).
Oh, if you want some opinions about shops in the 510, shoot me a pm.

 

No written statements. When he hit my car I was right there so I told him to get out of the car and give me his information. Do people usually agree to sign something that says that they are at fault? Never heard of this practice

 

I am pretty pissed about what happened. The accident wasn't that big of a deal and he asked not to go through insurance and that it'll "buffer right out." My first estimate was a complete bumper replacement which cost over $800. I told him that and he started complaining about how he has no money and that it's way too much for what it is. I went to another shop where they pulled out a more reasonable estimate for just repairing the bumper and repainting it (which came under $600). The problem I have with him is that we agreed for me to take my car into the shop tomorrow morning and while I was just waiting the entire weekend, he was making phone calls and talking to a lawyer. I called him earlier and left him a message that I was going to take the car in tomorrow and that if he wanted to come he could. He calls me back and says, "Do me a favor and don't take the car into the shop tomorrow because we're going through insurance" in a cocky tone.

The reason I am worried is that if he can't afford to pay for my bumper, why did he hire a lawyer? I'm worried that he might try to turn this around and that I'll end up paying for my bumper and his lawyer fees.

BTW, he was driving his gf's car who was sitting in the passenger seat and I was with my friend who is a witness to the accident.

 

A lot of accident lawyers may not charge at all until there is a settlement. Btw, he may also be bluffing about the lawyer. I get this all the time with claimants, they talk all big and bad about their lawyers, so then I say to them "sir, could I please get your lawyer's information." "Why?! You only need to know what I tell you!" "Well actually sir, most of the time when lawyers are involved I can only speak to them about the claim unless I have permission from them that I can talk with their client, in this case you. So I am obligated to ask you for their information so that I may contact them and provide them all the details of the claim asap. If what you say is true and you have a lawyer, I cannot offer you any kind of settlement without consulting them first." "...."
Or them ladies who always talk about how they're not afraid to sue, their husband is lawyer, this and that. In the end they don't raise a finger, lawyers know better. Not to say that insurance companies act like Big Tobacco and essentially outlive the case but because they know that when you're at fault in an accident, you have to pay for a reasonable repair, and california law is good at ensuring that. In the end, I never hear from the lawyers and I just get a nasty letter from them which we all read during our meetings as a way to break the ice, lol. Only time I really see lawyers is when folks dont speak english as a first language, and personalyl I love dealing with lawyers because they're reasonable and emotionless (assuming there;s no injuries involved, lol).
Simply put, any good lawyer will tell this guy that there's no point in getting a lawyer unless he's the one seeking payment. If this guy feels that he's getting screwed that badly over your repair costs, he could just take you to small claims court, or if principle matters that much to him then he could hire the lawyer and essentially come out negative. He's bluffing about the lawyer, and if he did get a lawyer, you have nothign to worry about.
At this point in time I would open a claim through your insurance company and have them on the sidelines. Reason:
1) If he did lawyer up, or his insurance company is giving you the runaround, your insurance company will represent you. Claims resulting from accidents also include legal representation when necessary. It's very common during the subrogation process.
2) This is what insurance is for, to clean up the mess so you could get back to your life. Just tell him fine, you want to lawyer up, I'm goign through my insurance company and you guys can duke it out.

Again, gl with everything man.

 

^^^very good information

 

Most definitely, all he has to say is that you hit him and regardless of where the damage is, you'll have a court battle on your case. This kind of stuff happens all the time.