Legal Question in Insurance Law in Virginia

car accident- insurance claim

Hi- i was involved in a very minor accident where the truck in front of me bent (not visibly) a part of his bumper. There was a huge mix up with my car rental which my car dealer did NOT pay for my insurance as he promised to. The car dealership fixed the rental in their repair shop but wants me to be responsible for the other car. The other car's insurance company is threatening subrogation - and I refuse to give my insurance info. for a $300 claim. My question is- all the other insurance company has given to me is an estimate to repair. I don't want to pay them to give the owner a check to use as he pleases. I will pay to fix the car- meaning a repair bill. I thought subrogation was representing the claimant after they had made payment. In this case, the insurance company has made no payment to the truck driver but expects for me to pay on an estimate. what rights do I have to dispute this? I will pay ONLY if he fixes the bumper (I don't think he will). I would appreciate some assistance. Both cars/incident occurred in Virginia.


Asked on 7/11/07, 9:15 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: car accident- insurance claim

If you did the damage to the other driver's car through your negligence,

he's entitled to receive your payment for the value of repairing that damage.

(What the driver does with your payment is entirely up to him and, quite frankly, none of your business.)

If two repair estimates have been presented to you from qualified repair shops, you should submit your payment for the lower amount----and be done with it.

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Answered on 7/11/07, 11:14 pm


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