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Car Accident

JeiceJeice regular
edited February 2010 in Help / Advice Forum
This happened in Ontario, Canada

K, so I just got into a car accident, my first one ever, and I'm kind of on edge right now and I can't really think clearly.

So, here's what happened:

road conditions were really wet and snowy, someone in front of me was making a left turn at a green light, I was coming up behind him, and pressing the break, but since I didn't break far enough ahead, I hit him from behind.

We moved away from traffic and we looked at the damage. It was a small scratches on his lower right bumper. It was like at worst 2 inches squared. So, we looked at it, we wrote down the plate number, the car model, license number, the name and phone number. Actually, I don’t have his driver’s license number, all I have is name, phone and plate number. Then we drove away. The police didn’t show up or anything. So, neither of us can really prove anything…? I didn’t admit fault or anything. I pretty much just gave the info and left. I wasn’t really thinking clearly and didn’t know what to do.

What do I do now? I heard there's this thing where if he doesn't report it within 24 hours, pretty much it's swept under the rug and I am no longer legally responsible for it.

Honestly, it was a small scratch, it seemed like he wasn't going to report it or didn't care much and took my info down just to be safe. Should I call him up and be like, let's make a deal? Like, I'll pay for the damages. Now, I've been told that since it was the bumper, it's going to cost 300-400 because they'll need to replace the whole bumper. I can't afford this. I was hoping it'd be like $100. So should I call him, make a deal to pay just the $100?

Should I do nothing and wait past the 24 hours and then ask if he reported it? Because if he says no, then I'm in the clear?

I’m willing to pay $100 as long as this doesn’t get recorded down in insurance or anywhere.

The best case scenario for me is if he doesn’t do anything and doesn’t call me back and it’s like it never happened. If that happens, should I call him and be like, what’s happening?

I have no way of knowing if he reported it or not, so should I risk these 24 hours and hope he didn’t report it and then be in the clear? Is this even true?

Jeice on

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    dispatch.odispatch.o Registered User regular
    edited February 2010
    Did you get photographs?

    What you do next depends on the type of person the guy turns out to be, and what evidence you have of what damage actually occurred. I would say 300-400$ for a bumper is a little much, they're designed to get bumped.

    dispatch.o on
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    JeiceJeice regular
    edited February 2010
    No, no photographs were taken. So, neither of us can really prove anything?

    Jeice on
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    ForkesForkes Registered User regular
    edited February 2010
    In Ontario, if there is a collision involving a person hitting another person from behind, it is always the the person in the rear's fault. Always. This isn't an anecdote or anything like that, it's what they told me in Drivers Ed.

    That being said, a lot of people aren't dicks. If its a small scratch, theres a chance that nothing will come of it. A small chance. He has your insurance information yes? If he decides to contact his insurance agency, and has your insurance info, your insurance agency will contact you. I would not call him to ask him if you can make a deal. He'll deal with it the way that makes the most sense to him.

    Please please don't be the guy who says that because you didn't admit fault at the scene of the accident, you are not at fault. You are at fault. Even if it was a super accident, it's still your fault.

    Forkes on
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    JeiceJeice regular
    edited February 2010
    No, we don't have each other's insurance number. All I have is his plate number, name and phone number. All he has is my plate number, name, phone number and driver's license number. But, that should be enough for him to find me.

    But, since he doesn't have my insurance info, does that mean that my insurance agency can't contact me?

    Jeice on
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    DogDog Registered User, Administrator, Vanilla Staff admin
    edited February 2010
    Your insurance agent has your info.

    If he calls the police they will find out who your insurance company is.

    Unknown User on
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    eternalbleternalbl Registered User regular
    edited February 2010
    First, find out how your insurance premiums and deductible would be affected if this is repaired under your insurance. You'll be liable at least to pay your deductible if this guy decides to repair his car.

    If your premiums will increase it'll depend on how much they'll increase by and over how long, but I've always heard that an accident of $2000 or less should be paid for out of pocket because the increase to premiums over time will have you paying more in the long run.

    eternalbl on
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    travathiantravathian Registered User regular
    edited February 2010
    Ask him to get an estimate from a dealership or bodyshop to have it repaired, then offer to pay that amount. Done. If he files a claim against your insurance it will cost you a helluva lot more than $3-400 in the long run, especially given your likely age.

    And I would highly doubt that 24h rule, sounds more like an urban legend than anything based in reality.

    travathian on
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    DarkewolfeDarkewolfe Registered User regular
    edited February 2010
    Here's the deal: By not reporting it or taking pictures you are fully at fault for any damages he claims, without much protection. He is probably not a scam artist, but if he were he could claim a whole lot more damages than you caused. It happens occasionally. Next time either take pictures or go ahead and file an accident report.

    Darkewolfe on
    What is this I don't even.
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    AwkAwk Registered User regular
    edited February 2010
    the 24 hour deadline to report is not true.

    Awk on
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    Dunadan019Dunadan019 Registered User regular
    edited February 2010
    most of the time for accidents involving less than x amount of dollars (500 or so depending on area) the police don't have to be notified.

    you don't have to call your insurance, you don't have to call his insurance, you do not have to call the police. if you want to call him you can but there's no real reason to. you should deal through your insurance anyway.

    Dunadan019 on
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    Andrew_JayAndrew_Jay Registered User regular
    edited February 2010
    There is no 24 hours deadline. If he wants to make a claim against you he has two years.

    And Forkes is correct, it is always the rear driver who is at fault. Might not sound fair but that's just how auto insurance is kept simple and manageable - and not braking far enough ahead is all you need to be at fault anyway.

    Best bet is to just contact him sooner rather than later (i.e. before your insurance finds out) and find a way to get a quote from a bodyshop.

    Andrew_Jay on
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    MidshipmanMidshipman Registered User regular
    edited February 2010
    eternalbl wrote: »
    You'll be liable at least to pay your deductible if this guy decides to repair his car.

    I've never heard of a deductible on liability insurance (insurance that covers damage you do to people/property outside of your car). Deductibles are only part of collision and comprehensive (insurance that covers your own vehicle from your own actions). Maybe things are different in Canada?

    Midshipman on
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    eternalbleternalbl Registered User regular
    edited February 2010
    Midshipman wrote: »
    eternalbl wrote: »
    You'll be liable at least to pay your deductible if this guy decides to repair his car.

    I've never heard of a deductible on liability insurance (insurance that covers damage you do to people/property outside of your car). Deductibles are only part of collision and comprehensive (insurance that covers your own vehicle from your own actions). Maybe things are different in Canada?

    Maybe.

    eternalbl on
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    JeiceJeice regular
    edited February 2010
    So, should I call the guy and be like, let's not get our insurance involved in this. If you get a quote for the damages, I'll pay for it?

    Jeice on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited February 2010
    In Ontario, the minimum amount of damage before you must file a police report is $1000.
    Jeice wrote: »
    So, should I call the guy and be like, let's not get our insurance involved in this. If you get a quote for the damages, I'll pay for it?

    I would just wait it out. He has your phone number, so he'll likely call you to get your insurance information. At that point, you can offer to pay for the damages instead of going through insurance.

    Get the thought out of your head right now that you can just throw $100 at him and call it a day. There is no "I'm willing to pay you" in this situation. He will give you an estimate for the damage and that is what you need to pay him. If you don't, he can just go through insurance, and you'll end up paying much more in the long run. There is no reason on his end to give you a "deal" on the damage you caused to his car. He'll get it from you, or he'll get it from his insurance. Either way, he's not out a penny.

    As far as a police report, you're lucky. If the police came, chances are you would get careless driving. They are more lenient with that charge under poor weather conditions, but flat out rear ending someone at a right turn is pretty serious. A guy backing out of his driveway hit my parked car once and he was charged with careless: heavy fine plus 4 or 6 points, I can't remember exactly.

    Figgy on
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    JeiceJeice regular
    edited February 2010
    So, ill wait it out and if I don't hear anything in a week should I assume I'm in the clear? I just don't want him to call me like a month later and say something like, "yea, the little scratch has now rusted and its now going to cost way more."

    Jeice on
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    eternalbleternalbl Registered User regular
    edited February 2010
    Unless his car is pretty old his bumper skin won't be made of metal, there was no damage anywhere else right?

    Either way, his inaction doesn't put you on the hook for more damage, but the situation could get messy if he tried that.

    eternalbl on
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    Mr_GrinchMr_Grinch Registered User regular
    edited February 2010
    This happened to me the other month, I was the guy getting bumped. The person who bumped me just wasn't paying enough attention, they went in to the back of me, cracked the rear bumper slightly.

    They were really really apologetic, gave me their insurance details and were generally very pleasant. I never bothered to get in touch with their insurance agency, I'm good enough with this type of thing to patch it up myself (and my car's not exactly brand new so I wasn't too fussed anyway).

    If they'd been more of a dick about it though I'd probably have gone through the insurance and got all I could get. So I guess the moral of the story is be nice.

    Mr_Grinch on
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    RobmanRobman Registered User regular
    edited February 2010
    First off, calm down. Accidents are normal.

    Second, he isn't going to want to involve his insurance company any more then you will want to involve yours. Accidents are accidents, and it still goes on his record regardless of who was at fault. If it's chump change, he'll likely want to deal with this without involving either of your insurance companies.

    Robman on
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    urahonkyurahonky Resident FF7R hater Registered User regular
    edited February 2010
    Jeice wrote: »
    So, ill wait it out and if I don't hear anything in a week should I assume I'm in the clear? I just don't want him to call me like a month later and say something like, "yea, the little scratch has now rusted and its now going to cost way more."

    No. Never assume you're in the clear.

    My friend got into a fender bender a year and a half before he got notified that he had to pay for the damages.

    urahonky on
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    DruhimDruhim Registered User, ClubPA regular
    edited February 2010
    yeah, how can any of us know he's not going to follow through after a certain period of time? you're asking us to read the dude's mind somehow

    Druhim on
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    eternalbleternalbl Registered User regular
    edited February 2010
    Robman wrote: »
    First off, calm down. Accidents are normal.

    Second, he isn't going to want to involve his insurance company any more then you will want to involve yours. Accidents are accidents, and it still goes on his record regardless of who was at fault. If it's chump change, he'll likely want to deal with this without involving either of your insurance companies.

    I guess that may be something that's different depending on where you live, but if someone rear ended me here in BC, it wouldn't affect my insurance in the slightest.

    In fact, it makes 0 sense for an accident that is 100% the other parties fault to affect the victim's insurance. Are you absolutely certain that would be the case where you are?

    eternalbl on
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    RobmanRobman Registered User regular
    edited February 2010
    eternalbl wrote: »
    Robman wrote: »
    First off, calm down. Accidents are normal.

    Second, he isn't going to want to involve his insurance company any more then you will want to involve yours. Accidents are accidents, and it still goes on his record regardless of who was at fault. If it's chump change, he'll likely want to deal with this without involving either of your insurance companies.

    I guess that may be something that's different depending on where you live, but if someone rear ended me here in BC, it wouldn't affect my insurance in the slightest.

    In fact, it makes 0 sense for an accident that is 100% the other parties fault to affect the victim's insurance. Are you absolutely certain that would be the case where you are?

    You sure about that? Unless Man X has a police investigation report that puts 100% of the blame on Man Y, there's cause for his rates to go up. Given the highly informal nature of this exchange, it will be impossible for the dude the OP hit to establish 100% fault with the OP based on it being a he-said she-said situation.

    I mean, I'm not an insurance lawyer, but I'm reasonably certain that an accident will still show up as a ding on your driving record, regardless of who is at fault.

    Robman on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited February 2010
    Robman wrote: »
    eternalbl wrote: »
    Robman wrote: »
    First off, calm down. Accidents are normal.

    Second, he isn't going to want to involve his insurance company any more then you will want to involve yours. Accidents are accidents, and it still goes on his record regardless of who was at fault. If it's chump change, he'll likely want to deal with this without involving either of your insurance companies.

    I guess that may be something that's different depending on where you live, but if someone rear ended me here in BC, it wouldn't affect my insurance in the slightest.

    In fact, it makes 0 sense for an accident that is 100% the other parties fault to affect the victim's insurance. Are you absolutely certain that would be the case where you are?

    You sure about that? Unless Man X has a police investigation report that puts 100% of the blame on Man Y, there's cause for his rates to go up. Given the highly informal nature of this exchange, it will be impossible for the dude the OP hit to establish 100% fault with the OP based on it being a he-said she-said situation.

    I mean, I'm not an insurance lawyer, but I'm reasonably certain that an accident will still show up as a ding on your driving record, regardless of who is at fault.

    It depends where you live.

    In Ontario, which is where the OP is from, the other driver has zero reason not to report this to his insurance. He gets his car fixed and that's that. He will still have a claim on his insurance, but it will not be an at-fault claim. No ding to his insurance.

    Since there is no police report, this gets a bit trickier, but a police report is not required if the damage is under $1000, which it should be for a bumper scuff. Still, his alignment could be off, his shocks could be damaged, etc.

    The proof is simply that the driver has the OP's information and there is a scuff on his rear bumper--rear end collisions are always 100% the fault of the driver in the rear. Pictures should have been taken, the police could have been called, a lot could have been done to make this a simpler matter, but the OP certainly isn't in the clear here.

    If the other driver takes this to insurance and the OP denies what happened, that's a whole separate can of worms that I'm sure he doesn't want to get involved in.

    Figgy on
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    DhalphirDhalphir don't you open that trapdoor you're a fool if you dareRegistered User regular
    edited February 2010
    Definitely offer to pay before insurance.

    I assume the deductible is the same thing as what we Aussies call insurance excess...ie, its the amount you pay if the claim is against your insurance, and then your insurance pays the rest if there is any. If you're a fairly young guy (and its likely since this is your first ever accident) your excess/deductible is going to be high. Mine is $1100 just solely due to my age. So if I ever had an accident that cost less than that to repair, I'm saving money by paying it out of pocket.

    Dhalphir on
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    eternalbleternalbl Registered User regular
    edited February 2010
    Robman wrote: »
    eternalbl wrote: »
    Robman wrote: »
    First off, calm down. Accidents are normal.

    Second, he isn't going to want to involve his insurance company any more then you will want to involve yours. Accidents are accidents, and it still goes on his record regardless of who was at fault. If it's chump change, he'll likely want to deal with this without involving either of your insurance companies.

    I guess that may be something that's different depending on where you live, but if someone rear ended me here in BC, it wouldn't affect my insurance in the slightest.

    In fact, it makes 0 sense for an accident that is 100% the other parties fault to affect the victim's insurance. Are you absolutely certain that would be the case where you are?

    You sure about that? Unless Man X has a police investigation report that puts 100% of the blame on Man Y, there's cause for his rates to go up. Given the highly informal nature of this exchange, it will be impossible for the dude the OP hit to establish 100% fault with the OP based on it being a he-said she-said situation.

    I mean, I'm not an insurance lawyer, but I'm reasonably certain that an accident will still show up as a ding on your driving record, regardless of who is at fault.

    I'll admit I'm assuming the car the OP hit was stopped and waiting for the opportunity to make his left turn. Even if the other car was moving forward you couldn't blame him for being hit in the rear.

    eternalbl on
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    JeiceJeice regular
    edited February 2010
    K, I'm now resigned to pay whatever the quote is. So, I guess now I just wait for a call from him/my insurance. Hopefully from him.

    Jeice on
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    adytumadytum The Inevitable Rise And FallRegistered User regular
    edited February 2010
    Good move.

    I don't understand how people think it's a good idea to deal with someone outside of insurance after an accident. If you do, and you're anything less than 100% vigilant about the procedures, you're really setting yourself up to be screwed.

    adytum on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited February 2010
    adytum wrote: »
    Good move.

    I don't understand how people think it's a good idea to deal with someone outside of insurance after an accident. If you do, and you're anything less than 100% vigilant about the procedures, you're really setting yourself up to be screwed.

    Huh? As long as you don't just hand the guy a stack of bills and shake his hand, you'll be fine.

    Get a police report if necessary.

    Get the other driver's info (name, address, number, DL, insurance info)

    Later, get a copy of the estimate and have the driver sign it after you've paid him, saying as such. Pay by cheque if you can, so you have undeniable proof you have him x amount for the damages.

    If he later tries to go through insurance after you've paid him for the damages, that's fraud. Despite popular belief, there is nothing illegal about avoiding insurance.

    Figgy on
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    eternalbleternalbl Registered User regular
    edited February 2010
    Figgy wrote: »
    adytum wrote: »
    Good move.

    I don't understand how people think it's a good idea to deal with someone outside of insurance after an accident. If you do, and you're anything less than 100% vigilant about the procedures, you're really setting yourself up to be screwed.

    Huh? As long as you don't just hand the guy a stack of bills and shake his hand, you'll be fine.

    Get a police report if necessary.

    Get the other driver's info (name, address, number, DL, insurance info)

    Later, get a copy of the estimate and have the driver sign it after you've paid him, saying as such. Pay by cheque if you can, so you have undeniable proof you have him x amount for the damages.

    If he later tries to go through insurance after you've paid him for the damages, that's fraud. Despite popular belief, there is nothing illegal about avoiding insurance.

    OTOH, at least in BC, you have the option to pay for a claim out of pocket to avoid it affecting your premiums and such. I think by now it goes without saying that anything in a thread like this should be confirmed with an affected person's insurance company because it always could be different though.

    eternalbl on
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    adytumadytum The Inevitable Rise And FallRegistered User regular
    edited February 2010
    Figgy wrote: »
    Huh? As long as you don't just hand the guy a stack of bills and shake his hand, you'll be fine.

    Get a police report if necessary.

    Get the other driver's info (name, address, number, DL, insurance info)

    Later, get a copy of the estimate and have the driver sign it after you've paid him, saying as such. Pay by cheque if you can, so you have undeniable proof you have him x amount for the damages.

    If he later tries to go through insurance after you've paid him for the damages, that's fraud. Despite popular belief, there is nothing illegal about avoiding insurance.

    That's great. So what are you going to do when they suddenly have neck pain and sue you? Oh, you forgot to get a signed waiver that they disavow all medical claims related to the accident? Or, out of nowhere, the vehicle begins having problems that can be directly linked to the damage you caused, and suddenly you are on the hook for more repairs?

    It's completely possible (and easier!) to deal outside of insurance, but you're putting yourself in the good graces of the person you're dealing with. There are enough opportunistic people & auto shops out there that you need to be really careful when dealing with them directly. As much as I do hate insurance companies, resolving claims is part of their business and they have numerous people trained to deal with these situations.

    adytum on
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    marcymarcy Registered User new member
    First of all, ONTARIO has a no-fault concept with paying out on auto insurance. Both insurance companies will deal with the damages to both vehicles irregardless of who is at fault. The blame is put on the driver that rears ends because its your responsibilty to ensure you can safely stop;t; this is with respect to criminal charges if warranted. You should have known that in bad weather, it requires braking sooner and to give more room and to use slower speeds. Anyway, both drivers must report an accident within 24 hours to a collision center or police station if the total damage exceeds $1000. To be clear, this total includes the damages to both vehicles. If one vehicles incurs $500 and the other vehicle incurs $501, the accident must be reported. If either driver reports the accident to his insurance, both parties will have their insurance notified, one way or another. If you don't report it and your insurance company finds out, your insurance can be cancelled. If one party reports and they other doesn't, you can be charged with leaving the scene of an accident. Anyone can sue another person, so don't think you are in the clear because 24 hours has gone by.
    At the same time, I wouldn't go poking the bear. The other driver will contact you when if he wants to, when he is ready to; and there isn't anything you can do about that.
    You have the right to ask for and receive three estimates for the damages and required repairs to the damaged vehicles. One quote is not good enough. Furthermore, you would be a fool not to see the written report before you agree to pay for any repairs. It has been known from time to time for some drivers to include damage from other accidents.
    Your contract with your insurance company requires you to report all accidents, so by not reporting it, you are gambling with your insurance.
    Good Luck, I hope I have helped you to make good decisions.

This discussion has been closed.