Anyone here an Attorney or in Law Enforcement? Need advice.

[A34]

Hey Gang,

I was in an auto accident the other day. Everyone is ok. The accident is my fault. I rear-ended a guy in his truck. Looks like he'll need a new step-bumper.

I was wondering about offering to pay the damages directly instead of filing an insurance claim. What is the liability if I do that? Can he come back later and file a claim? How do I protect myself? He had a passenger and they both got out rubbing the backs of their heads. Just don't want it coming back on me later if we reach an agreement.

I think I did around $500-$1000 damage to his truck and probably $2000-3000 on mine. My deductible is $1000. I concerned about my insurance rates going up. I was not issued a ticket.

I've had a great record until this summer, no problems at all. But, I hit a guy earlier this year in Ohio driving a friends truck. His insurance paid, but I gave them all my info, so I guess that's on the CLUE database or some other database. So, I'm worried 2 accidents in one year might make my rates go way up.

Any ideas?

Thanks !!!

[daytonalo]

JUST  PAY HIM TO GO AWAY . GET HIM TO SIGN A LETTER STATING THAT HE IS PAYED IN FULL AND BY ACCEPTING THIS PAYMENT HE CANNOT SUE YOU IN THE FUTURE .

I'M NOT A LAWYER , I JUST PLAY ONE ON TV !!!!

[NHCharger]

A contractor that use to work for me did that. He rear ended a girl, hardly any damage to either vehicle. He paid her in cash and had her sign off. Two years later he's served a notice he's being sued, she claimed she signed the paper under duress. Was trying to take everything he owned. His insurance company wouldn't back him since he didn't notify them. He no longer works for me so I don't know the outcome. I do know it was dragging on over a year and causing him a lot of grief since he owned a house and a couple of nice vehicles.

[TUFCAT]

Two "at fault" accidents since this summer....

cut back on the and the dude. 

[Charger-Bodie]

The insurance Company has the best laywers for the claim you have.....turn it in to them , let them handle it and be more careful from now on.

[A34]

Two "at fault" accidents since this summer....

cut back on the and the dude. 

Bad thing is, I don't even do that.......

I was just a knucklehead - 

[Mike DC]

I'm no legal expert.  But just from dealing with getting hit a few times, I've always gotten the feeling that the insurance companies are more preoccupied with what you COST them than anything else. 

If you're choosing between being at fault but not causing damage, versus NOT being at fault but having to make a claim . . . it often seems like they'll punish you worse for the latter.  It's not right but that often seems like what happens in the real world.  The raw number of accident claims on your driving record seems to be more of a relevant legal/license issue than an insurance issue.  The insurance company may use it as an excuse to jack your rates or they may not, but I'd be more worried about jacked rates from costs incurred from them than anything else. 


So I think I would try being legit about the accident itself (file a report, whatever your state & insurance company wants, etc) and then see if you can arrange payment with the person you hit anyway. 


I'm basically voting to do the same thing you're wanting to do in terms of how the money is changing hands, but don't hide any of this whole thing from the authorities & insurance company at all.  That way your ass is covered from the other person subsequently "discovering" any new damages or injuries a couple months/years from now when some local ambulance-chaser gets involved.

[BigRed66]

I'm with Daytonalo...I had a guy hit me in my old Daytona Turbo Z and he was drunk, I think, but he wrote me a check for "double what it's worth, man!" on the spot; I got the rear plastic skirt from a junkyard, had it painted by a friend, and put that bitch on myself. I pocketed about $650 and screw the insurance companies.

I'm not a lawyer, either, but I did stay at a Holiday Inn Express last night...

[hemi68charger]

I'm not a lawyer, either, but I did stay at a Holiday Inn Express last night...

I love it.... 

[ac_knight]

OK, I am in law enforcement and I can give my little opinion.  It sounds like you already called the cops for a report.  If you did that, in my state (Indiana) departments send the reports to the state police, and they notify the license branch and insurance companies automatically. 

If you didn't get a report, there is always some asshole out there trying to make a quick buck.  Even if you have the guy sign some paper saying he was in his right mind and he was fine with a pay off, doesnt mean he wont bring his dumbass back to haunt you.  Anyone can sue anyone for almost anything.  If you can afford it, turn it over to insurance and let them handle it, thats why you pay them money each month. 

If not and you want to go the other route, just know he might come back two years from now and say he never made such a deal, or it cost more than you gave, or he was under duress.  If you do it anyway make sure you cover in there the cost of damages, what was being replaced, that he is of sound mind, under no coercion to sign and with full knowledge of previous information signs the "contract."

Other than that I don't know what more to tell you.  Be more careful out there, and good luck in either way you choose.

[Big Lebowski]

  Here in Calif. we tell the DMV about ANY accident involving $500 or more in damage or guess what? You get pulled over and lose your license & they tow your car away.

[Steve P.]

It is sad with the rates that today's insurance costs, but your BEST protection is to let your insurance company handle all of it.


Quick quip:  Years ago I was flat towing a car to the junk yard. I had pulled the motor and tranny and anything else worth keeping and just on my way to scrap it. A guy overshoots a stop sign and hits the car I am dragging. I stop and get out. The guy is looking at the damage he did to the JUNKER and says, (Do you think $500.00 will cover the damage)... Then before I get the chance to say anything he says, (That's all I have on me). I had been ready to say screw it, but then he pushed the money into my hand and said it was "A GIFT"....   Hahahahaahha... It sure was.. The car brought $35.00 on the scales.   

[AKcharger]

I'm not an attorney; I just stayed at a Holiday Inn last night.....

[A34]

Thanks for the input guys. I decided to turn it over to the insurance company and let them handle it.  Better safe than sorry.

[The70RT]

Thanks for the input guys. I decided to turn it over to the insurance company and let them handle it.  Better safe than sorry.

Sounds good. It would have been different if it was the other party's fault and you said just pay me. Hopefully your insurance doesn't go up too much.  I have been lucky, been driving for 32 years and never had a claim on my behalf. I have collected from others like 3-4 times in the last 10 years, and tons more over all those years.