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Old 09-05-2008, 04:48 AM   #17 (permalink)
GordoSH-3
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bronzestarsky:

1. Use one of the USAA recommended shop(s). USAA is a great insurance company and they've never screwed me on the premiums or claims in over 30 years as a member/customer. A USAA recommended repair shop requires the shop to warranty the repair (for as long as you own the car I think) and even if the shop later goes out of business USAA will stand behind the repairs. Stop swimming upstream and just go with flow with this one.

2. I would recommend you ask around car lots, people you know that have had recent body repairs, etc. to find which of the USAA recommended shops has the best reputation. Don't worry about whether or not the shop is a Saturn dealer or not. Despite what a dealer may tell you ("Only a Saturn dealer knows you car, blah, blah, blah"), a good body shop should be able to repair the damage w/o problems. What you really want is a good technician who can fit body panels, blend/shape metal or fibreglass, and of course PAINT!! For example, I once took my Toyota Supra to an Oldsmobile dealership because they had the best body shop reputation in town at the time and were one of four USAA shops in the area. Never had to look back or complain about the work quality.

3. Unless you can find witnesses, your accident is a "he said, he said" accident and, as most here have advised, you're going to fight an uphill battle in court to win anything. You must provide proof that tends to show that the the other guy, more likely than not, caused the accident. A mere statement or testimony from you saying the other driver is at fault will normally be insufficient to prevail over his counter-statement or testimony in court saying "no, I wasn't at fault." This is a bitter pill to swallow but you'll probably have to file a repair claim under your collision coverage to have your car repaired.

4. Don't sweat the fact that the police officer didn't cite anyone. He wasn't there when the accident occurred, he can't testify as to what really happened because he didn't see anything, really has no basis upon which to issue a citation from his own knowledge and any citation (if issued) would only be his opinion of what happened based upon what the parties involved told him. I don't know VA law but these reasons alone are why many states no longer allow police officers to issue traffic citations at accident scenes unless they see the infraction or there is clear independent physical evidence to support a citation (DUI/DWI, clearly excessive speed, etc.).

5. Hiring an attorney to take on your case as WVSooner recommended is certainly an option but it will be expensive (I don't see a contingency fee type of case here - no injuries on your part and your damages are restricted to the car). And, regardless who takes the case to court, you'll still be fighting an uphill battle with very little evidence to support your side or version of the facts. Again this is a bitter pill to swallow but you may have to cut your losses on this one.

6. This is not legal advice (bar association disclaimer here) but you could always have the guy killed. Here in the deep south we have a saying that covers the justification for homicide if someone has significantly wronged you; the "He needed kill'n" defense. Certainly a scroundrel that has caused damage to a Sky needs kill'n!!

Sorry for the long post. You looked like you needed to vent but had genuine Q's. Good luck man.

Gordo

Last edited by GordoSH-3 : 09-06-2008 at 03:15 AM.
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