I need some legal advice on property damage.?

I crashed into someone's car and broke the windshield on the back. I was not driving, I was on my bike. And the car was parked on the side of the road and there was no one inside. I didn't do this on purpose of course. Then I called the ambulance and the police came as well. Later, I got a call from the car's owner's insurance company telling me to pay for the damage. Instead of paying money, can I offer to repair the car at an auto shop? Because getting a repair at an auto shop cost less than the actually damage payment. Or do I absolutely have to pay for the damage?


In case that the owner has already repair the window, can I ask for the receipt of the repair and just pay that amount?


What are the legal process for that? Do I have to go to court? I need some legal advice on property damage.?
This is up to the owner of the vehicle. If you pay for the damage yourself, it will save everyone some paperwork, so the insurance company wont mind. If he already had the repairs made, you can offer to reimburse him, but if he did that, chances are he went through the insurance company first.





It never hurts to ask though. Call or stop by and make the offer. It is not illegal to offer to pay to keep this out of court.





As far as going to court, you wont need to make any court appearance for an insurance claim. If you have been cited by the Police for any charges ( failure to maintain control, etc), then yes, that is a mandatory court appearance.





Best of luck and I hope this is useful to youI need some legal advice on property damage.?
First of all was the car legally parked on the roadway. In otherwords, was it parked with the flow of traffic or against it (left wheel to curb)-illegally parked)? If the car was illegally parked that you could sue the owner. Check your local laws, many cities have ordinenances on how long a car can be parked on a roadway. For example, in my city a car must be moved every 48 hours a minimum of two feet. This would be hard to prove, but if the vehicle looks abandoned or undriveable then you may have a case. Or was it parked within 15 feet of a fire hydrient or in a posted no parking zone? Again, check it out to make sure the vehicle was legally parked.





Assuming the vehicle was legally parked, you are in violation of hitting the vehicle while driving another vehicle (your bicycle). As a matter of fact in Michigan, bicyclists must follow the same traffic laws as a vehicle. Stopping at Stop Signs, riding to the right side of the road, not riding on the sidewalks, Fail to yeild to the right of way to other vehicles are all citeable offenses with traffic tickets. Now, do bicyclists get tickets all the time? No but when there is an injury accident or damage to property involved then they will. So in other words you were lucky you did not get a ';Fail to Stop in a Assured Clear Distance'; ticket from the local police.





Check out what that state law in your state says, in Michigan we are a ';No Fault State.'; In otherwords, everybody has insurance on their own vehicles and everybody's insurance pays for their own damages through their own insurance company. The problem is that since your accident is bicycle vs. a parked car it maybe different in your state.





Another question, do you have auto insurance and does it cover when you ride a bicycle? Becasue if that's the case, your insurance company should cover in execss of your deductable?





As far as you paying for the repairs, the owner of the car has to take the vehicle to a repair shop that will accept his insurance claim adjuster's apprashial of the damages. Therefore, you can not dictate where the vehicle gets fixed. However, if your paying for a rear windshild to get fixed and the front bumper is getting repainted and other repairs are getting fixed that were not apart of the accident ,then you would have an Insurance Claim Fraud case. Yes, you should know what you are paying for and you can compare with other equal repair shops to ensure you are not getting gougched in the price of the repair. If that is the case, you can contact a variety of state agencies to investigate the rip off.





It would obviously cost more money to hire a lawyer to get and understanding of your local laws reagarding an accident involving a bicycle at fault in an accident. However, it may be worth it for a piece of mind.

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