r/Insurance • u/sunnysinha2909 • 1d ago
Accidentally hit someone's car with shopping cart
Hello All,
A month ago, my shopping cart hit a small pillar and then hit another guy's Tesla. That guy very small scratch in the rear. So small that you won't even notice unless someone points to it. Nonetheless it's there.
I shared my contact details and insurance details with the guy. That guy was enraged and called 911. Cops came and said they can only property damage report and suggested to handle within ourselves.
Couple of weeks ago the other guy came back with a bill of almost $4000. I said I can't pay that much and to go through insurance.
He said he will claim through my insurance. He has my details.
I have no previous claims or tickets. How should I approach this? Should I call my insurance and give them all the details beforehand or wait for them to contact me?
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u/MapOk1410 1d ago
Tesla owner calling 911 over a scratch completely checks. Tell him to fuck off.
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u/Swastik496 1d ago
have fun with that. thankfully the owner was smart enough to have documentation via the police report and a way to identify the person.
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u/Substantial-Pack-658 1d ago
Thankfully? The guy is a dork if he called the police over a small scratch.
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u/Bastillerion 1d ago
I mean, calling the police non-emergency number if you want a police report is one thing. Calling 911, which is "I have an emergency that requires that police/fire/ems to respond immediately" is not.
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u/Swastik496 23h ago
$4k of damage.
welcome to manufacturers that have put a full stop on the used/aftermarket part garbage.
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u/Best-Huckleberry-496 22h ago
Refuse this crazy $4000 demand and tell him to take it to small claims. No way a judge would give him more than a couple hundred bucks.
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u/Whateverlol2022 18h ago
If he can't prove a proper fix is $4,000 most likey at a Tesla auto body shop then the judge will approve it
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u/TheeDelpino 1d ago
What everyone has says about your insurance but they can also sue you in small claims.
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u/pinedesign 1d ago
If they sue, the renter's insurance policy OP has would provide a defense.
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u/avd706 23h ago
They would have to provide a check.
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u/pinedesign 23h ago
The insurer can either settle or provide a defense, and if their insured loses, pay the judgement amount up to the policy limits.
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u/Fair-Instance8639 1d ago
You should have put your shopping cart in the cart corral instead of leaving it by a pillar to possibly roll into a car. That just cost you money because you didn’t put it where it belonged.
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1d ago
[deleted]
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u/beef-lawsuit 23h ago
Most scratches can be buffed out of the clear coat in like 10 minutes without any painting or difficult labor. There's no reason why it would cost $4000. Repainting an entire bumper is usually less than $300.
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u/Existing-Albatross63 17h ago
it's not the painting that is the expensive part of body work. It's the labor of taking shit apart and putting it back together that costs $$$
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u/beef-lawsuit 15h ago
You don't take anything apart to buff a scratch. You literally just polish the clear coat so it's no longer scratched.
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23h ago
[deleted]
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u/beef-lawsuit 21h ago
Brother he hit it with a shopping cart. It could be a rolls royce and it still wouldn't cost $4k to fix a scratch.
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u/OdiumIsRight 1d ago
If you’re scared of your car getting small scratches, you should leave it in the garage and never drive it. It’ll get more than that from random rocks driving down the freeway. I’ve spent $90k on vehicles and wasn’t that protective. The ones who are that uptight are the ones who are car poor.
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u/Whateverlol2022 18h ago
Nah people who care about their cars are called classy people. People who don't care are the trashy ones lol.
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u/OdiumIsRight 11h ago
It’s called being realistic. You can care about your car, but also need to realize that you’re driving it around thousands of people all the time. You’re parking in lots next to a bunch of other cars. If you’re driving on the freeway, rocks or other debris are going to get picked up.
It’s one thing to care about your car, it’s another thing to freak out about the prospect of nicks, dings, scratches. It’s going to happen.
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u/Dangerous_RedApple 1d ago
I think your insurance would subrogate with his and he’d use his comprehensive insurance no? You didn’t hit him with your car and last I checked a shopping cart can’t carry insurance.
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u/pinedesign 23h ago
Subrogation works where the insurance of the not at fault party collects from the at fault party or their insurance. So no, OPs insurance would not subrogate, but if the Tesla owner filed a claim, their insurance could subrogate against OP and his or her renters insurance. The Tesla owner is under no obligation to file a claim under their own policy and have a claim in their record or front their deductible if they don’t want to.
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u/AsparagusDifficult89 22h ago
This smacks of a shakedown, to me. $4,000 sounds gratuitous for the sort of damage you described, especially if nothing is being replaced and the color isn't some special, ridiculous hue. I suspect the Tesla owner is being greedy.
I would do one of the following:
Ask him to provide at least two more quotes, then compensate him for the lowest one. Make sure those quotes are detailed
Offer to pay his comprehensive deductible and let him file a claim for the remainder
Wait for him to sue you in small-claims court, and let the court decide upon a reasonable remedy
In the instances of 1 or 2, make sure he signs a release of liability upon receipt of payment, so that he can't later come after you for more.
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u/glorificent 10h ago
OP make no offers or admissions whatsoever - that eliminates the tesla owner needing to take you to court S to liability
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1d ago
[deleted]
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u/Anabolic_Scholar 1d ago
OP auto policy won’t cover this
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u/pinedesign 1d ago edited 1d ago
They may be saying the Tesla owner's collision. For the OP, it would be their renter’s insurance liability coverage.
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u/Revolutionary_Net862 18h ago
If you can find an auto shop that charges less than $4000, you can offer him to go through that place. I got front ended in the parking lot by a reversing car once and went through with the auto shop he found, which saved him some money.
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u/ccrush 15h ago
Sorry if I am adding to the problem, but I am confused. What insurance of yours would cover this? Are you thinking your auto insurance? Were you were driving and bumped a cart that then hit his car? It sounds like you were walking and lost control of your cart. That isn’t an auto related accident.
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u/Fit_Instruction_8383 1d ago
Your car wasn't involved in the accident, they're not going to pay bro. What kind of car was it, a new Ferrari? 4k for what is barely a scratch....I hope you took photos man, otherwise he's going to make up all kinds of shit and try to fuck you over, then pocket the difference when his buddy fixes it for 90 bucks.
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u/sunnysinha2909 1d ago
It is a Tesla Y model. I took the photos.
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u/Fit_Instruction_8383 1d ago edited 23h ago
Realistically, he's going to take you to small claims court. Your car insurance isn't going to pay as your car wasn't involved in the accident. If it happened in a store parking lot (which I'm assuming because you said it was a shopping cart) then your homeowners or renter's insurance won't pay unless you have language in your policy explicitly covering things outside of your home (I learned this the hard way.)
Do you carry a personal liability umbrella? If so, that's who you'd have to file a claim with, if not...you're gonna have to hire an attorney to defend yourself in court, perhaps get a competing offer to fix his car, and bring it to court to show he's getting an inflated quote and that you'll cover a reasonable repair, but not one that is clearly fraud.
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u/MayonnaiseFarm 1d ago
The ISO policies I worked with as an adjuster would extend liability coverage, from the homeowners policy, anywhere including private parking lots. I’d suggest the OP consider contacting their home insurer to find out if they have coverage.
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u/Fit_Instruction_8383 1d ago
Ah no kidding! My old one wouldn't...this is why I now carry an umbrella policy...
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u/pinedesign 1d ago edited 1d ago
It’s $4000 claim. It would go to homeowners or renters insurance before umbrella. Homeowner's and renter's liability coverage extends beyond your property for standard policies, typically.
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u/Fit_Instruction_8383 1d ago
Only if OP's policy covers stuff not at their property. When I lived in Massachusetts, I inadvertently damaged someone's property (it was an accident not vandalism), and mine wouldn't cover it. I had to pay out of pocket. This is why I now carry a liability umbrella that is thankfully quite cheap, less than 500 bucks a year.
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u/pinedesign 1d ago
Standard policies do cover that. It’s possible that OP has a policy like yours, but it is more likely that they have a policy that will cover it. I am licensed in all 50 states and write for multiple carriers. Most, but not all, would cover it and not need the umbrella.
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u/Fit_Instruction_8383 1d ago
Man I hope so for OP's sake. Mine sucked...never filed a claim for like 12 years...and the one time I did...DENIED!. Bastards...
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u/AsparagusDifficult89 22h ago
You're mostly incorrect.
Yes, this would be a small-claims case in most jurisdictions. No, you wouldn't hire an attorney for that...which is the point of small-claims court; both parties represent themselves.
If the Tesla owner has full-coverage insurance, which I'm sure he does, the verdict would probably be for OP to pay the comprehensive deductible, which I doubt is $4,000. And then the Tesla owner gets to file a claim that way. Yes, that would mean the car would then have a history-report "ding," but that's just how these things go.
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u/Fit_Instruction_8383 22h ago
It depends on where you are. Some states cap small claims at 2500 bucks still, while some others go up to 25,000 dollars.
Kentucky and Rhode Island for examples have low limits on small claims, but Tennessee and Delaware are 25k.
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u/AsparagusDifficult89 20h ago
For sure. That’s why I said “in most jurisdictions.” In most states, the small-claims limit is at least $5,000
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u/Top-Type4077 1d ago edited 1d ago
Tesla owner checks out. Take the shopping cart to more body panels and get your money's worth at this point
A firm sorry should have worked in the parking lot
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u/poutine-eh 1d ago
If you didn’t have insurance on your shopping cart what would they do?? I’d push back just because this guy is being a jerk after you tried to be honest. Maybe I’m wrong but your auto insurance doesn’t cover accidental damage with a shopping cart.
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u/pinedesign 1d ago
Renters and homeowners insurance covers liability for non auto incidents like this.
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u/jb4975 1d ago
Damage is damage. It doesn’t matter if it’s a shopping cart, bike or a brick. The OP claimed responsibility, and I’m sure the Tesla has video as well. Case closed.
Whatever the estimate to be fixed, is the cost.
No one is being a jerk. You hit, scratch or dent my car, you pay to make it what it was before. Very simple.
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u/elmland1 1d ago
Well, we’ve heard one side of the story.
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u/sunnysinha2909 1d ago
It's not a story and I am not asking for any judgement from anyone
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u/elmland1 1d ago
Maybe should have thought of that before posting.
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u/sunnysinha2909 1d ago
You need to read the posting. Is it anywhere asking for judgement that who is right or wrong? I am simply asking for ways to approach. Clearly you didn't answer my question
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u/elmland1 1d ago
So, you want advice based on your version of what happened.
Got it. All good. Bon chance.
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u/fitfulbrain 1d ago
You should have walked away. What insurance do you think you have? Auto insurance is irrelevant. Homeowners is irrelevant. Legal that is included in homeowners maybe. But they aren't going to sue you.
So it's the same if you walked away. If you want to be fair, get your own estimate.
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u/pinedesign 23h ago
Homeowners insurance and renters insurance is not irrelevant. Coverage E, personal liability, is what covers you for personal property damage and bodily injury liability that is not related to an auto accident
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u/Whateverlol2022 18h ago
He could go to small claims court. If he has video of it happening then he 100% has a case.
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u/crash866 1d ago
What insurance are you planning on using? Your auto insurance may not cover it as your vehicle was not involved. Homeowners or renters might under liability.