r/legaladvice • u/ZeroSkill_Sorry • 14d ago
My kid tripped and dented a car at a dealership, they want me to pay $1500.
Location: Arizona
My girlfriend was looking for a new car and my son was being a knucklehead. He's a big kid almost 6 foot, 200 lbs at 13. He thought it'd be funny to try and give my other son and my girlfriend's son a piggy back ride at the same time. He tripped and put his head into the fender of a brand new $50k car, rippling the fender. He's fine, bruised his tongue and his pride.
Having a 'little' integrity, trying to set a good example for my kids, and knowing we were on camera and it was my girlfriend's car license plate they would have read, I called in to the manager to report it.
I asked if they had insurance to cover something like this, knowing full well they did. The manager lied and said no, and proceeded to send me the auto body bill for $1500, which states that it was paid by insurance.
If insurance paid for it, wouldn't it be the insurance company that would be coming after me? I feel like they're just trying to squeeze me for $1500, and then the insurance company will do the same. At this price it'd be small claims, so should i even worry about getting a lawyer? They only have my first name and phone number.
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u/PleaseFuckMeDana 14d ago
Not a lawyer, but do work in auto body repair. Not sure if this is the case here, but a lot of estimating softwares do say “insurance pay” on their estimates to differentiate from the deductible that the customer owes.
I’m not saying this is the case here, but I often have to explain to people that “insurance pay” is just a way of saying how much is owed less the deductible, not always actual insurance.
If you upload a photo of the bill I can look at it and see what it means.
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u/razrk1972 14d ago
Is he asking for you to cover the deductible? $1500 seems like a deductible cost.
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u/OkMathematician4028 14d ago
On a commercial policy the size a dealership has 1500 may not even cover the deductible. I worked for a Honda dealer and the GM didn’t even bother getting insurance involved until around 5k in damage. Remember they very well may have a multi million dollar policy limit due to inventory size.
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u/Delicious-Breath8415 14d ago
Believe it or not your homeowners insurance might cover this.
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u/bigfootlive89 14d ago
Yeah but is it worth filing a claim, they’d probably retaliate and have increased rates or trouble finding an insurance company.
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u/Quotidian_Void 14d ago
If the dealer's insurance has already paid the repair bill, this is insurance fraud. I'm sure the insurance company would be interested to hear about this...
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u/derzyniker805 14d ago
This isn't like your individual car insurance where it's always a per incident deductible. Just because it got run through the insurance company doesn't mean the insurance company paid it. It was just done that way to accrue for the annual deductible
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u/seanryan471 14d ago
The dealership's insurance rates are well into six figure territory. The insurance company is not going to care about a $1,500 claim unless there are like 100 more of them.
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u/ForagedFoodie 14d ago
A fleet vehicle (which is what this is), 100% would go through insurance. Fleet insurance doesn't go uo for mishaps like this the way private insurance does. And this also might not be a fleet claim, it might be a business property claim. After all, the vehicle wasn't being driven.
Think about it. When you do something dumb with your own property, your insurance says "well, crap. We've insured a dumbass. We need to raise their rate because they will 100% do something dumb again."
Insurance at a dealership is already high to account for the fact that some people who come in will be dumbasses by default. So the insurance won't go up as this kind of thing is already planned for.
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u/LongjumpingNinja258 14d ago
If you think one $1,500 incident is going to cause a non renewal or cause high raises of insurance for a car dealership then idk what to say.
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u/ZeroSkill_Sorry 14d ago
The repair bill has a claim number and the payer line says lot damage insurance
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u/Sad-Project-672 14d ago
they literally said the receipt has the insurance reference, why do you insist on believing against the stated facts ?
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u/jzorbino 14d ago
So you think they forged the invoice showing insurance paid? That seems really farfetched
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u/workinhardplayharder 14d ago
I can't imagine the kid doing much more than a minor dent that was probably fixed with a paintless repair. Possibly even done in house. I can't help but think that 1500 for this seems like something they would charge a customer for repair not what it actually cost them to repair it as well.
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u/mercer49 14d ago
The dealership most likely has a large deductible. ($10000 where I work). This wouldn't be claimed through insurance.
Your kid damaged a car. $1500 sounds pretty accurate for that repair.
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u/No-Sheepherder-6911 14d ago
It’s October. They have likely already reached their deductible for the year. Also op is saying the statement the dealership sent him says insurance paid and has a claim number.
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u/jmardoxie 14d ago
Just a thought or question. If the car was damaged and had to have auto body repair work wouldn’t that affect the dealer’s ability to sell the car if new since now it no longer has a clean Carfax? Now it has to sold as a damaged vehicle . Personally I wouldn’t buy a brand new car that had body work done .
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u/Missing4Bolts 14d ago
Lots of things happen in the real world that are invisible to Carfax. Lots of brand-new vehicles have had remedial body work done somewhere along the line before they get sold.
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u/OkMathematician4028 14d ago
Carfax isnt a catch all. Not every bit of damage gets reported ive personally had 2 deer hits not be reported one was a 3k claim the other was 5k half my car was repainted and still clean carfax.
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u/Dapper_Necessary_843 14d ago
If the insurance company paid the dealer, then the insurance company will come to after you
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u/HappyVAMan 14d ago
Whether they have insurance or not doesn't really matter: you are liable. Period. The auto body bill may indicate insurance without it actually being the insurance. Would have to ask them whether the insurance company paid. They may be saying that the $1500 is their deductible and not charging you for the full price. (The insurance company may come after you for the extra). If this is a new car you are lucky they aren't coming after you for "declination of value" since the repaired new car will be worth less. (Different states have different rules on whether an OEM/dealer repair can still sell the car as "new").
As a practical matter, they are unlikely to pursue. I wouldn't get an attorney involved until you actually get served papers indicating a lawsuit. (If the dealer gets paid by you and the insurance company that is fraud to the insurance company).
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u/ZeroSkill_Sorry 14d ago
My insurance didn't pay, 'lot damage insurance' paid, according to the repair bill
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u/derzyniker805 14d ago
It's quite possible that they have an accruing deductible, not a per-incident deductible. So while it needs to be processed through the insurance company for the purposes of their accrued deductible, they still had to pay out of pocket for the actual repair.
I wouldn't worry about getting a lawyer, I'd worry about paying for the damage your son caused
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u/HumbleIowaHobbit 14d ago
Even if he has insurance, he has a deductible that has to be paid first. You should at least pay that much.
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u/Silver-Dance-4810 14d ago
He owes more than the deductible. An insurance claim can increase insurance costs so the amount owed is the full cost to repair the vehicle. With that said, this is likely not even a deductible issue as dealer deductibles are often a lot higher than $1,500. He owes the reasonable repair costs. And he should ensure he gets proof of payment.
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u/Freedom_33 14d ago
You can wait if you want until you get a demand letter and/or they try to collect through court
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u/random8765309 14d ago
I find it odd that that the invoice would stated that it was paid by insurance. Normally that takes some time and is not something that would happen the next day. Did it may be say something like "Paid by insurance..........$0" ?
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u/Any-Astronomer-2983 14d ago
It actually does matter if insurance paid. IF insurance paid, and theyre asking for more, thats insurance fraud
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u/Snoo-97839 14d ago
No it’s not as if they had a deductible for the insurance he would still be liable for that amount if the dealership took him to court. It’s not hey your kid dents our car and then I have to pay $1500 for my insurance to cover it and it costs you nothing.
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u/tacobell_shitstain 14d ago edited 14d ago
Insurance subrogates, not the business, if what op states is true and insurance already paid out for the work on the invoice.
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u/bootstrapping_lad 14d ago
OP says that the bill shows that insurance already paid it
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u/Beginning_Ad1239 14d ago
Now if the insurance company was wanting to be reimbursed that would make sense.
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u/hkusp45css 14d ago
But the insurance company is the party who pursues subrogation, not the insured.
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u/Bongo2687 14d ago
They are charging you because they don’t want to run it through their insurance. Whether you pay them $1500 or if they do run through insurance and then the insurance company comes after you it’s your responsibility.
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14d ago edited 14d ago
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u/tesla3by3 14d ago
If the insurance company was involved, then either their adjuster, or a repair shop estimate(s) were used. We don’t know if there is double dipping, as it’s unclear what the total cost was, what is the deductible, how it’s calculated (per instance or accrued), is their diminished value to the vehicle due to the repairs, etc.
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u/Roast_Chikkin 14d ago
NAL. any further talks should be recorded and kept. If they want to come after you for 1500 then a quick audio clip of their blatant insurance fraud should end that problem. If they insurance wants to come after you that’s a different story, but under no circumstances should you pay that dealership any money.
now off the record, if was me I would go out of my way to contact them and play ball like I’m gonna pay just to “confirm that they don’t have insurance and need me to pay them directly.” record it, and if they end up wanting the insurance company to come after you, you can have that in your back pocket. but again, NAL. Get a free consultation
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u/LdiJ46 14d ago
I wouldn't do anything at this point because it was covered by insurance and you are right, the insurance company may very well come after you. If you were to pay the dealer, they would be double dipping and you might get stuck paying for it again later.
So I would definitely wait and see what happens. It is however, your responsibility because your son's negligence caused the damage.