Stayton, OR asked in Car Accidents for Oregon

Q: I accidentally backed into a car in the parking lot. He is claiming damage that likely wasn’t me

When I bumped his car, I checked for damage, noticed the license plate cover (a plastic box sticking out 2” from car) was broken. Next to the plate, about 2” up there was a slight scuff. It was dark and didn’t look like anything. We work in the same building, and I checked the measurements of my bumper and his. The scratch looks like it was directly caused by a tail pipe, but mine is 4” lower than the scratch and my bumper wouldn’t have been able to reach that spot to cause the scratch. That day and every day, he backs into his spot with his front end hanging out nearly a foot and a half. It’s likely he’s been hit before. This mark would also have had been cause by a car backing up the other direction as the license plate cover box would have blocked it. Is there anything I can do to prove or not take responsibility for damage that was more likely than not cause by me?

I’m an honest person and if I knew it was mine I would have no trouble claiming it, however it doesn’t add up.

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1 Lawyer Answer

A: You need to turn it over to your insurance, tell your insurance your suspicions that the other driver is embellishing on the damage, and let them deal with it. The insurance company will put a lot of time and money into defending the claim if they think there is a chance to get out of paying the claim or reduce the payment. Sometime they will just pay the claim because it isn't clear that they can win. But the insurance company deals with this all the time so trust them to handle it the best they can. The fact remains that you hit the car and it will count against you in terms of your insurance rates in the future. Just live with it and move on. The alternative, paying for an attorney to fight with this person, is just too expensive.

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