As was foretold, we've added advertisements to the forums! If you have questions, or if you encounter any bugs, please visit this thread: https://forums.penny-arcade.com/discussion/240191/forum-advertisement-faq-and-reports-thread/

Handling tiny car accidents outside of insurance

LuxLux Registered User regular
edited November 2010 in Help / Advice Forum
So, a few months ago I was stupid and bumped into the car in front of me at 5 mph. It was bumper to bumper stop and go freeway traffic, I wasn't paying attention, totally my fault. It did hardly any damage: tiny, nearly imperceptible scratches (I took pictures) and I exchanged insurance information with the guy, but asked him if we could handle this outside of insurance, it would be greatly appreciated (didn't want to get a point, and it's just a lot of hassle)

He doesn't call for months, until very recently, where he says he's been busy with work and travelling, etc. But he finally had the time to check it out and he's asking for $558. I don't think it's too wild of a figure, because I guess people just choose to replace entire bumpers even if it's just a scratch. I don't know. He says he'll e-mail me a scan of the report and after that I will mail him a check.

How do I make sure I"m not getting boned? He seems like an honest dude, much older than me, professional, etc. But how do I make sure that he won't just report this to the insurance after he's cashed the check? Is that even possible?

Lux on

Posts

  • SmokeStacksSmokeStacks Registered User regular
    edited October 2010
    This has clusterfuck written all over it.

    You should have contacted your insurance company instead of avoiding the "hassle". Driver B should have gotten in touch with you in a more timely manner. You have no way of knowing whether the damage you are being asked to pay for is from your collision, or happened sometime in the past few months.

    There has to be a limitation on how long you can wait before reporting an accident that causes damage to your own or another vehicle to your insurance company, and odds are it is long past by now, so it's doubtful that he could go to his insurance company.

    Don't mail a stranger a check. That's just a general life rule.

    The only way you should be paying for this damage is after you have seen the quote in person, and have inspected the car in person to make sure that the damage that is on the rear bumper matches the damage that you show on the pictures you took the day that you rear-ended the guy. For all you know he backed into his mailbox last week and now he's trying to stick you for the bill to the tune of half a grand.

    Or, you could call your insurance agent tomorrow morning, explain exactly what happened, and ask for advice.

    SmokeStacks on
  • japanjapan Registered User regular
    edited October 2010
    Get him to give you a copy of the estimate/invoice. If he won't, call the bodyshop and ask them, and if he hasn't already paid, pay the bodyshop directly instead of sending a cheque to the actual guy.

    Either way, you need to have some kind of documentation you can produce to say that you settled this privately in the event that he suddenly decides he does want to claim through insurance. It won't necessarily mean that he won't be able to claim from your insurance, but it might help.

    japan on
  • Red RaevynRed Raevyn because I only take Bubble Baths Registered User regular
    edited October 2010
    They are right that this has clusterfuck written all over it. I was once hit by someone else, on my motorcycle. I didn't have insurance and didn't care to pursue it because I was about to repaint it anyway, and they agreed it'd be fine. We both left with each other's info. Turns out the bitch literally worked for an insurance company, and managed to finagle money out of Progressive without talking to me. My POS Progressive agent told me he'd be out of town for 2 weeks, and when I called him back they'd paid her, declared it my fault (she merged into me, btw), and raised my rates. All on her word.

    So, that could happen.

    But the real reason I'm posting is to let you know that the quote sounds totally reasonable, unfortunately. There simply isn't a cheap way to restore most cars to original condition, these days.

    Red Raevyn on
  • khainkhain Registered User regular
    edited October 2010
    japan wrote: »
    Get him to give you a copy of the estimate/invoice. If he won't, call the bodyshop and ask them, and if he hasn't already paid, pay the bodyshop directly instead of sending a cheque to the actual guy.

    I agree with seeing the quote preferably in person or by calling the bodyshop, but I don't believe the person is in anyway required to actually spend the money to repair the car. I would instead basically write a check and write up a document that details the accident, repairs, and cost and then have both parties get it notarized. I'm unsure what more you can do and there are potentialy pitfalls anyway you go that could wind up in court so at least my idea is to have a signed and notarized piece of paper that says we both agreed to X and I now have no liability.

    khain on
  • kedinikkedinik Captain of Industry Registered User regular
    edited October 2010
    Depending on the deductible to your policy and your state's laws it might save you a few hundred dollars to report this to your insurance company, at no penalty.

    If you live in California and damages are less than $750 you do not receive a point and have no obligation to report the accident.

    Even that is a little risky, though, because each insurance company values damages differently and might end up rating your damages just over the border.

    Also, you should get the settlement in writing before you give him the money if you settle this privately. It's illegal to settle privately and collect an insurance payout, so you want the documentation that prevents him from pulling those shenanigans.

    kedinik on
    I made a game! Hotline Maui. Requires mouse and keyboard.
  • japanjapan Registered User regular
    edited October 2010
    khain wrote: »
    japan wrote: »
    Get him to give you a copy of the estimate/invoice. If he won't, call the bodyshop and ask them, and if he hasn't already paid, pay the bodyshop directly instead of sending a cheque to the actual guy.

    I agree with seeing the quote preferably in person or by calling the bodyshop, but I don't believe the person is in anyway required to actually spend the money to repair the car. I would instead basically write a check and write up a document that details the accident, repairs, and cost and then have both parties get it notarized. I'm unsure what more you can do and there are potentialy pitfalls anyway you go that could wind up in court so at least my idea is to have a signed and notarized piece of paper that says we both agreed to X and I now have no liability.

    He isn't required to actually have the car fixed, but if that's the other guy's intention, then there's really no reason why he should refuse to allow the OP to pay the bodyshop. Otherwise, there's nothing stopping the guy cashing the cheque, calling his insurance company, claiming for the damage, and then his insurance company pursuing the OP's insurance company for that money.

    The OP could then tell his insurance company that he settled it privately, but they're unlikely to give a shit unless he can produce some fairly definitive documentation (like that which you suggested, it's a good idea if the guy is for whatever reason determined that the OP must pay him and the OP is OK with it) that this is the case. If the OP can show that he's already paid for exactly the damage being claimed it strengthens his argument.

    For me, at least, refusing to allow the OP to pay the bodyshop directly would be ringing alarm bells and I would probably just turn to the insurance companies at that point.

    japan on
  • The Black HunterThe Black Hunter The key is a minimum of compromise, and a simple, unimpeachable reason to existRegistered User regular
    edited October 2010
    photo document, signed paper work stating damage, and then costs and whatever money from whichever party

    The Black Hunter on
  • BlindZenDriverBlindZenDriver Registered User regular
    edited October 2010
    I'd say pay up and rely on the honor system to work. The amount is not unreasonable.

    BlindZenDriver on
    Bones heal, glory is forever.
  • WezoinWezoin Registered User regular
    edited October 2010
    The amount is fine.

    If I were you I'd write out a 'contract' stating that you reimbursed him $558, and that you both acknowledge that you're even and are calling it quits (not going to insurance, or trying to sue.) Both of you sign it, in the presence of a witness (who you know or can get you to give you their contact info in the event that he does try to sue you and claims "I never signed this" making it look like you forged his signature.)

    It might seem a bit over the top but its the most 'bulletproof' way to do this.

    Wezoin on
  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited October 2010
    I'd say pay up and rely on the honor system to work. The amount is not unreasonable.

    o_O

    The what now? Sorry, no such thing exists.

    It's quite possible the other driver got hit again, and now wants the OP to pay for it. I would not pay him anything, and just call your insurance. While that might not be great for you, it's the only way to be sure you don't get screwed by the driver and your insurance. Calling them will just get you one reaming, or possibly none if they deemed the damage unrelated to your accident.

    MichaelLC on
  • JHunzJHunz Registered User regular
    edited October 2010
    japan wrote: »
    khain wrote: »
    japan wrote: »
    Get him to give you a copy of the estimate/invoice. If he won't, call the bodyshop and ask them, and if he hasn't already paid, pay the bodyshop directly instead of sending a cheque to the actual guy.

    I agree with seeing the quote preferably in person or by calling the bodyshop, but I don't believe the person is in anyway required to actually spend the money to repair the car. I would instead basically write a check and write up a document that details the accident, repairs, and cost and then have both parties get it notarized. I'm unsure what more you can do and there are potentialy pitfalls anyway you go that could wind up in court so at least my idea is to have a signed and notarized piece of paper that says we both agreed to X and I now have no liability.

    He isn't required to actually have the car fixed, but if that's the other guy's intention, then there's really no reason why he should refuse to allow the OP to pay the bodyshop. Otherwise, there's nothing stopping the guy cashing the cheque, calling his insurance company, claiming for the damage, and then his insurance company pursuing the OP's insurance company for that money.

    The OP could then tell his insurance company that he settled it privately, but they're unlikely to give a shit unless he can produce some fairly definitive documentation (like that which you suggested, it's a good idea if the guy is for whatever reason determined that the OP must pay him and the OP is OK with it) that this is the case. If the OP can show that he's already paid for exactly the damage being claimed it strengthens his argument.

    For me, at least, refusing to allow the OP to pay the bodyshop directly would be ringing alarm bells and I would probably just turn to the insurance companies at that point.
    I don't know about you, but there is no way I would ever have work done on my car with the intention of having someone else pay for it unless I had a signed contract in my hand stating exactly that. Not trusting the other person in this sort of arrangement goes both ways.

    JHunz on
    bunny.gif Gamertag: JHunz. R.I.P. Mygamercard.net bunny.gif
  • japanjapan Registered User regular
    edited October 2010
    JHunz wrote: »
    I don't know about you, but there is no way I would ever have work done on my car with the intention of having someone else pay for it unless I had a signed contract in my hand stating exactly that. Not trusting the other person in this sort of arrangement goes both ways.

    Well, the idea would be that the person paying is the person authorising the work, so yeah, they would have to sign the estimate authorisation and commit to paying (or pay up front, depending how he bodyshop in question usually handled such things) before any work took place.

    japan on
  • robertoporterrobertoporter Registered User new member
    edited November 2010
    I’d suggest you ask him to file a claim and go through your auto insurance company so that he cannot turn around and file a claim later. Don’t risk yourself to a future claim.

    robertoporter on
  • witch_iewitch_ie Registered User regular
    edited November 2010
    The amount seems reasonable to me. Once you get the report, just call the body shop, ask them about the damage they had to repair and see if it matches to your photos. It's pretty simple. Do make sure to note on your check that the payment is payment in full for the accident.

    witch_ie on
  • noobertnoobert Registered User regular
    edited November 2010
    Exactly the same thing happened to me. Guy backed into me and ruined a front quater panel.

    I got a few quotes for a repair and passed them onto him. We met up in a public place with a witness each and he handed over the cash, we (the 4 of us) signed two copies of a little form that stated our full names, the amount paid and what damage it covered.

    I opted to not get the damage fixed (just rolled the guard out and touched it up a bit myself) and pocketed the money.

    noobert on
Sign In or Register to comment.