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post #1 of 4 (permalink) Old 02-09-2014, 01:22 AM Thread Starter
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New Mazda got hit and run by landlord NEED HELP

I am a new immigrant to Canada, Need Help with this accident. Thank you!

The Discovery of the Damage

I leased the Mazda 6 on 1st Feb. 2014 and as always I parked at the driveway. On 5th Feb. 2014 around 8:50, there was a heavy snow and I was trying to clean the snow on my car, I found out that there were scratches above my driver side mirror and the paint were off. Then I found around the rear driver side of the car there were dents about 10cm long. Immediately, I suspected that it might be my landlord Mr.Man, who parks his car ( A Honda Odyssey) in the garage, backed up to the street and did the damage. As the landlord's wife Mrs. WOMAN was home. I decided to talk this damage to her at once.

The Confrontation with Mrs. WOMAN

Mrs. WOMAN was outside the house shoveling. She looked at 2 damaged part and said to me that she was not driving those days and she was positive that she did not hit my car, but she was not sure if her husband knew anything about it. She also said that their car has backup camera, so it may not be possible that they hit my car. As her husband and their car was not there, she suggested that I should talk to her husband.

The Confrontation with Mr.Man

When I was back home around 11 am, I saw my landlord park the Honda on the drive way instead of parking in the garage. He parked the car in the middle of the driveway, so I was not able to park my car in my place. I got off my car and took a good look at the Honda, I found the scratches under the Honda's passenger side mirror and rear passenger side around the wheel. All scratches had my Mazda 6 paint which was pearl white. I took several pictures of the Honda.

Then I knocked my landlord's door and asked him to look at the scene. First, he drove his car to the garage so I could park at the driveway. Then I pointed all the scratches on both cars. With the identical damage to both cars, he admitted that he hit me, but also he argued that the way I parked on 4th Feb. 2014 left him a small space to maneuver to the street, so he hit my car accidently. From his testimony, I know the damage was made by that day. I said if it was difficult for him to back out, he should let me know, I would move my car for him. Then, he said he was willing to fix my car and ask me how much would it cost. I told him I have no idea, I was in Canada less than 2 years and I had not got this kind of problem before, so I did not know the price. He suggested that I should get a quote from the Mazda dealer, I agreed. I drove to the Mazda dealer that afternoon and stayed at the dealership from 13:30 to 14:30. The dealer gave me the quote on paper. When I backed home I copied and gave him one. He looked at the quote and told me the price (around 1,200) was too much to him. He said he quoted the price over the phone and it should be in hundreds. I said "you don't have to pay, you have insurance, just give me your information, then the insurance company will take care everything." He asked me what kind information I need from him. Then I made a phone call to TD and wrote down what information he had to provide in a paper. Then I gave that paper to him as well.

About 10 minutes later, he knocked my door and asked me if I could go to his living room to negotiate with him, I agreed. He told me that if he use his insurance, his monthly payment will go up because he was 100% at fault and he asked me for a private settlement. He said "we could solve this like two strangers who just got into an accident on the street" and asked me how much I want. I said all I want is to fix the car, I don't need the money. All I care about is when I return this car to the dealer I will not have any problem. So I denied it and asked him about his insurance information. He replied that he had to talk to his wife and would get back to me that night. Part of the conversation was heard by my wife.

The Change

At that night around 8 o'clock, Mrs. WOMAN knocked my door and said to me that they were not sure that his husband did the damage to my car and alleged that I may cause the damage myself and she asked me for evidence which could prove Mr. MAN did the damage. I said Mr. MAN admitted the hit and we were talk about the solution and he asked me to go to Mazda to get the quote. Mr. MAN said that he did not admit anything and refuse to admit all the conversation. They also said that the scratch did not prove anything.

From that point, I realized that the only way to solve this is to get the police. First, I called TD and reported the accident with only my landlord's plate number. Second, I went to Collision Report Center to report this at 23:00 on 5th Feb 2014.

The Officer did not want to look at the picture I took, I wonder will the police nail the suspect down? What should I do now?

Any opinion will be appreciated.
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post #2 of 4 (permalink) Old 02-09-2014, 09:27 AM
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Well, not sure if it works the same in Canada, but if you go to your insurance company they will pay to have it fixed as well. If you give them the pictures you took and the police report, they will then go after the other insurance company for the money. The downside of this is that your insurance may go up until the other insurance pays up, and if they don't it will likely stay up. Make sure you give all information to them. At least this way your car will be fixed, even if it means your rates go up. Good luck.

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post #3 of 4 (permalink) Old 02-09-2014, 10:58 PM
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First of it sucks to be in that position, so sorry to hear that
Second of all, go to the police station during the day, I found that they are more helpful if they aren't pushing the graveyard shift
Your pictures heavily imply that they two vehicles collided, however it does not prove who hit who.
I don't think an investigation would turn up anything except a 50/50 settlement
Try to talk to him again and and try to reason with him, except get.his confession in writing and with a witness if possible so.he can't go back on his word again
Oh and move the hell out of that place!

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post #4 of 4 (permalink) Old 02-11-2014, 10:30 AM
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file a claim with your ins co and submit the pics. They will pay for the damages (less your deductible) and go after him and his ins co for repayment. Regarding your premium increasing, all you need to worry about is if your insurance co marks it as an at fault accident. If they do not mark it as an at fault accident and place the fault on him (opposed to a legit hit/run) your premiums SHOULD not be affected. Get a letter from your ins co stating you are being charged with a not at fault accident and confirm with your agent that your rates will not change and get that in writing as well.

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