Insurance Claim I might have a hard time

[jabb]

I bought a new car yesterday drove the new car form the Dealer to the bank. About 2 1/2 miles . I parked at the end of the lot where there were 7 or 8 empty spots.
Parked in a spot ( Normal park) None of the side way parks or taking a space an a 1/2 . Just a stright in park away from the crowd. I am standing at the teller and I can see a guy in a mini van park right next to me.... Still plenty of other spaces but OK .... I watch in Horror as his door flings open right into the new car.... I am shocked.... As I finish up wit the teller and walk out the guy is walking in. I confront him and tell him what I believe I saw... he says no way and walks into the bank.

I confirm what I saw, and now decide to call the police.
He exits the bank and I show hiim the dent I also tell him the police are on the way. After some dialog he admits that maybe he did do it and the wind caught his door as it opened. OK accicdents happen. The poilice take all the information and will have a report available in a few days.

My question is will his insurance deny liabilty say it was an act of God ? Will his insuracne say it is a civil matter that we will have to settle ? How do I approach this with his insurance? I brought the car to the body shop yesterday and the damage is $955 . Paintless dent removal is not an option since the paint is scratched.

Any one have any experinece with something like this in the past ?

[Porsche-O-Phile]

His claim that "the wind did it" is bunk. He chose where to park (next to you, despite the presence of other empty spots) and he failed to control the door. His fault, plain and simple.

Then again, given how sleazy insurance adjusters are, you never know what they'll come up with. It does sound like this is pretty "open-and-shut" (no pun) however. Good luck. You did the right thing. People are retards and the stupid ones (like this dumbass) deserve a good slap every now and again.

If the paint is not scratched down to the metal, you might be able to get a body shop to to touch-up and wet-sand/feather the area affected for a couple of hundred bucks. Might be better for the guy to pay that out-of-pocket than the hundreds that'll come out of an insurance agreement. Maybe suggest it?

[stevepaa]

That is a no brainer. They'll pay. They won't waste any time contesting that. Call his insuranc e company for a claim number. Pick your repair shop. Tell the insurance company to come to the repair shop for inspection. Tell the rapir shop not to start unitl the insurance agrees but that should be SOP for them.

You will also need a rental while it is in there for 5 days.

[MRM]

It doesn't matter if the wind did it. It's his responsibility. His negligence was in allowing the wind to do it and not taking care to account for the strong wind. Turn the claim in to his insurance company so you don't get stuck paying the deductible through your company. If they balk, sue him in small claims court or ask your company for help.

[Rick Lee]

This happened to me once, but I was the guy whose door hit the other car. I was working on my Carrera in my townhouse parking lot and at the time I started, there were no cars on eaither side of me. I think I was changing my turn signal stalk and was all contorted, upside down in the driver's seat when a lady in a pearl white Lexus parked right next to me. I never noticed it, but I guess my door hit her car. I went driving and came home to a note in my door. Her car was still there and there was a black scratch on her door, about where my black door would have hit hers when parked side by side. I didn't contest it, but just said I'd like an estimate before we get the insurance involved. When it came to $1000, I said, "Here's USAA's phone number and here's my policy #". Never heard about it again.

[RickM]

I agree that you should have no problem collecting. Make sure you stick by your guns when they ask if you witnessed the incident. If possible call his insurance co and deal with them directly and exclusively, no need to involve your company.

Also, speaking of "act of god" claims, now's the time to consider a $0 deductible on your comprehensive coverage. It typically costs <$25 per year and will cover windshield breakage, storm/hail/tree damage, deer hits etc.

[the]

His insurance will pay, no problem. For under $1000, they might not even bother to send an adjuster out to look at it.

[jabb]

"When it came to $1000, I said, "Here's USAA's phone number and here's my policy #". Never heard about it again."

It is amazing how much it costs to fix a door ding.... My estimate is $955....


Everyone:
Thanks for All the grat input so far.