Well, I am by far not a lawyer, but I did work for several insurance companies....I heard about a few instances of this happening where they took the person to small claim court and the judge did order him to give the money back at the time....however the person hit brought in a estimate from a known body shop and the judge ordered the people to cover the costs of that repair.....so instead of just getting his rear panel fixed and doing the work himself, he ended up getting it fixed and getting a full paintjob for his explorer cause the paint color didn't quite match when they painted his rear panel...that person who hit him got their money back initially, but two weeks later paid about 6x the original bargain...LOL, i love it....karma is such a bitch.