You didn't say if there was any damage to her car as well. Based on your account, and IMHO you are both responsible for the accident. you left it in gear and she should've checked or gotten into the car before releasing the E-brake. Christopherh: depending on where they are located and what their deductibles are, going through the insurance company may be more expensive then just paying out of pocket. Everyone is lucky no one was injured. Maybe you should cash the check for $100 because I don't think you're going to get much more out of these folks.

The liability might not automatically cover the rental car because somebody else could be using your car while you are gone, meaning you'd be insuring two cars for the price of one. It depends on the laws of your state. If your agent says that liability DOES extend to the rented vehicle, ask them to point it out in your policy. When it comes to insurance, if it's not in writing it isn't true. Credit card coverage is usually very good, but again be sure to read all the fine print. There are likely to be "exceptions" and "exclusions." Plus, it usually covers damage to the rental only. Keep in mind that even though credit card coverage would pay for repairs, the rental company will still want to collect the daily rate from you while the vehicle is out of service. Typically, the insurance will NOT cover that.

Sorry that you've had this hassle to cope with, apart from the expense. Around here, we have no fault insurance. When I was in an accident and not judged at fault, my insurance paid for the write-off of my old car ('93 Ford Taurus). Paid me about what I'd bought it for, about 6 mos. previously. When I (evidently) ran the red light, as I was found to be at fault and ticketed, there was no compensation ... I had to suffer the loss of my car. Actually, I fixed it, at larger cost than it had cost me to buy it, about 6 mos. earlier, as it appeared, at about 120,000 mi., to have potentially quite a few good miles left in it and it seemed a waste to scrap it, though it was close to 20 years old. It costs a great deal of precious energy, plus adds to not only pollution but to global warming as well to build a new car for me (or the portion of its life that I'd use in an older model). Even if she had insurance, if she had no driver's licence, they likely would not have covered, in any event. The owner of the car had responsibility to ensure that only licensed drivers drove it - apart from it being stolen. When my friend the milk man wanted to go on holiday, with his son to drive the route, son had to upgrade driver's licence from, supposedly, permission to drive truck to one with air brakes. There was ice in the home when I visited, as it appeared that the son had only licence to drive a car, the Dad had given him the devil, the Mom was angry at Dad for hurting her son's feelings ... and found it hard to get her head around the fact that every time the son drove that truck out the lane unaccompanied by a properly licensed driver, he put at risk everything that they owned ... as the insurance company would not have covered any trouble. Actually ... I upgraded my truck licence to coverage for air brake and rode around sitting beside the son as he did the driving, or I drove the truck myself. ole joyful

The insurance company compares the repair cost to the value of an un-crashed vehicle of the same vintage and pays the lesser of the two amounts. In my opinion, if this were a collector and show car, he would entitled to getting it back to the same condition as before the crash, however, it is not. Is very unfortuante: I see two options: Total the car and take the appraised value, or keep the car and accept the cash settlement and have it repaired on his own. However, he should first get an estimate of the repair. I see $4000 to $6000 or more repair cost. There is something more wrong under the hood since it will not start. You did not say what that damage was. Was the engine damaged, say a cracked block? Maybe a bunch of busted accessories and brackets on the front of the engine? Cracked manifold? The visible damage is front bumper, bumper cover, probably 2 radiators (engine and air conditioner), left fron fender, hood, grill, front headlamp assembly, running lamp in bumper, possible frame and steering links, 2 shock absorbers (if there is any age on these, these are replaced in pairs to keep the front suspension action balanced), possible front suspension spring and spring brackets, There could be distortion of the sheet metal under the windshield, Possible wiring harness damage, battery and battery pan depending on where the battery is located, possible battery acid damage if the battery was cracked, The right front door may have scratches that will have to be fixed and included in the paint job, and front end alignment after everything is put back together. The paint job will be over $1000 for color matching and fairing the paint into the old paint. The front wheel should be checked for damage and replaced if there is any dents or distortion. The front brake may need rebuilding and any damaged brake lines replaced. As you can see, the repair is extensive, and that's unfortunate because your vehicle appears rust free, rare for an Explorer that age. There will be no settlement until the police report is available. You did have the police survey the scene, didn't you? Expect about 1 week before the report is available from the police station. The police report and witness statements are used to determine fault or percentage of fault of each party.