Had a car accident yesterday - guy wants to pay out of pocket?

[nbodyhome]

On the way home after my husband picked me up from the airport, we were rear-ended pretty hard (the guy didn't even try to stop, my husband said he was talking on the cell phone). He begged us not to call the insurance company, which we haven't yet - he didn't want the police either, but I wanted to make sure we had an incident report.

How long is okay before waiting to call the insurance company? My husband was going to wait and let the guy make payments if he wanted, but I don't agree (and now my husband agrees with me). I said maybe by Thursday he should pay, otherwise we need to call. The bumper itself is $540 or so, but that isn't the retail price nor would it include the service. We may be able to get it done for $1000, but I don't know. I just want to make sure that we aren't out anything.

Does anyone know how long it is okay to wait? I figured a couple of days should be okay, but not longer. I don't want to be hard on the guy or anything (though personally, I think he might have had a drink as I saw him move a cup and what looked like a can to the trunk from the front seat floor area). Of course, it might have been an old can - but I don't know that. I just want to make sure we aren't out anything more than we already will be (as far as time, gas and such to get this taken care of).

Thanks!

 

[Christypl]

It is his fault that it happened. I think he hould have to pay. I also dont think you should have to wait around for money to fix your car. Also...what about a rental car while your car is in the shop? I say call the insurance company.

 

[nbodyhome]

Oh - the truck is very driveable. In fact, my husband would maybe not have said anything to anyone (and not necessarily gotten it fixed) had it been for the fact that we cannot get to the spare tire now. Of course, if he got hit from the back again, the bumper isn't in the right place to protect the truck - so that is an issue also. (So it does have to be fixed, but I wasn't sure if a couple of days was okay to wait). Either the guy or his insurance company need to cover it, hopefully his insurance is current. His insurance card was older, but I've forgotten in the past to put a new insurance card in my wallet.

 

[Donnask8pro]

Fill out a police report to cover your @$$. Than wait to file if he doesnt pay. You need back up

 

[sptddog]

Seems to me he left his insurance run out and/or has prior history and doesn't want his company to drop him. Did the police run a check on whether or not his insurance was valid when you got the report? Does he actually have insurance?

I'd be okay with him paying - but paying quickly and by cetified check or money order. Don't give him the chance to disappear and leave you out the money or holding a bounced check.

I'd also advise you to go to an auto body shop and get a true estimate. I got rear-ended and it bent my frame, though the car drove fine and barely looked dented. My auto guy said that eventually the bent frame would show up on tire related issues and alignment issues.

Sorry this happened - that stinks!

 

[ntburns22]

This happened to us last month. We had the police come to the scene and file a report. On the spot the woman said she wanted to pay OOP. I wasn't to keen on the idea but DH said it would be fine. We went and got 2 estimates for the damage plus rental car fees. We mailed her the reports and she sent us a cashiers check for the estimates plus an extra $100 to cover anything that didn't show up on the estimate.

 

[Belle5]

I understand you wanting to b nice but something you should consider...many years ago I was hit like you described. I think it was three weeks after the accident (having shown no symptoms of anything) all of the sudden I couldn't get up off the couch. My neck/back just wouldn't work. I was in a ton of pain. Apparently, these soft tissue injuries can work that way. I was young at the time and knew nothing about these sorts of things. My symptoms literally just "appeared". I ended up going to physical therapy for quite a while. He was careless and he hit you. That is why we all have insurance.

 

[nbodyhome]

Fill out a police report to cover your @$$. Than wait to file if he doesnt pay. You need back up

We did call the police, and we have an incident report (I wasn't going to leave without that if at all possible). It isn't a full-blown report, there is a difference - but it shows that it happened and that the police were called (and that we were hit from the back).

I wasn't sure if there was a certain time that we had to call the insurance company - I am not wanting him to be able to make payments, because he could stop doing that (and then we probably won't be able to get the money from any insurance company if we wait too long).

Thanks everyone for your thoughts. My husband has been trying to make it as cheap for the guy (or the insurance company) as possible, but I just want to make sure we don't end up being liable.

 

[wrldpossibility]

I've been in this situation...from the other end of it. I was a terrible driver when I was younger, and had I think 3 fender benders within a few years at one point. When the third one happened (my fault, as usual), I asked the driver not to call insurance, since I knew my rate would go up (I DID have current insurance though). They complied, and I told them to get an estimate at the shop of their choice. They did, showed me the estimate, and I wrote a check. It was all decided within 3 days.

So he may be in the same situation I was, or maybe doesn't have insurance that's current. Either way, it's your right to call insurance if you want to. The people I worked with just decided to be nice to me! It sounds like you're doing the same, but don't let it go more than a few days. He could completely skip out on you. I would NOT let him make payments. I'd be afraid you'd never see the money. I'd get a written estimate if you haven't already, call him and tell him he has 3 days to send you/give you the money, or you're calling your insurance company. I wouldn't give him more time than that. Good luck!

BTW, I've learned it's much cheaper and easier to be slow, careful driver now! Something about having kids does that to you!

 

[left210]

I handle insurance claims and more than likely he either does not have insurance or doesnt want his rates to go up. A few days is reallly not being realistic. It would take an insurance company longer than that. I would go get an estimate and give it to him and give him one week to pay you and if he doesnt then file with his insurance company. Given the amount of damage, he may have to get a loan or something to pay for it. If that is the case and you see that he is truly working on it then you might give him a little extra time. I would definitely make sure you have an accident report though just in case it has to go through insurance. Good luck.

 

[nbodyhome]

He did mention a prior history of an accident or two (one from his wife, I think).

I think Thursday would be a fair day to have the money by - I don't know if we can wait much longer if we need to file a claim? My husbands dad works at an auto dealership, he is getting an estimate. My husband could also buy a bumper and do much of the work himself. However, if we were to go through the guys insurance (and I don't know if his insurance was run by the officer), then we may not have a say on where to take it.

You guys are great! Thanks, it's good to have other opinions, I am just not willing to put the money out for this, of course. My husband thinks he hit us at 15 - 20 mph or so (he didn't even try to slow down, I just have no idea how he was so careless - it wasn't dark, it wasn't wet out, etc.)

 

[nbodyhome]

I am a much slower, careful driver now too - no kids, but I almost rear-ended someone myself by trying to get home a bit too quickly, and I decided then I'd just pace myself. It isn't worth having an accident - I stay back, I give tons of room in front of myself now.

Thanks also to the person who works in insurance, and everyone else. It's good to have other views. I don't even know if the guys insurance is current, but I insisted on calling the police since we might otherwise not have anything official saying we had the accident.

 

[Zim]

Definitely give him a date to get you the money by and not too far in the future... He may not have the money, but right now you don't have an optimally performing car, and that's the only thing you should be concerned about. Especially if you discover from your mechanic that it's not just the bumper, but the frame that was damaged - the cost goes way up then. Get two estimates, submit them to him with a deadline before you submit the same information plus police report to his insurance company. I think that's fair, if he was that concerned about it. It shouldn't be an additional responsiblity of yours to accomodate him for his poor driving. You may want to run all this by your insurance company no matter what, they should be willing to give you advice no matter which way you go.

 

[sptddog]

You could probably call your insurance agent and simply ask how long you have to report a claim. Tell them you had a fender bender and that the other person will be paying out of pocket, but in the event that falls through, how long do you have. I'm pretty comfortable with my agent (he does our car and home insurance) and I'm pretty sure he'd be okay with me asking. Or just call the 800 claim number and ask without giving much information.

 

[jj1403]

Of course the laws are probably different as I'm in Canada but I believe you have a up to a week to make a report. I agree at the very least you should still file a police report. And you should go and get a quote from the garage that you'll have service your car. By the way even if you go through your insurance company to file a claim tell them the he wants to pay out of pocket. If they guy pays for it it, it will not effect his insurance because he's not actually making a claim. At least you will be able to protect yourself.

Here you are able to "buy" your claim so that it won't effect your insurane rates. And by buying I mean paying out of pocket.

I hope that made sense!

 

[crl]

I was in an accident a few years back that was deemed my fault. I talked with my insurance guy and he agreed that if I could pay out of pocket, it would be cheaper for me in the long run. So I told the guy to take his car to the shop of his choice (on the day of his choice). I met him there and made arrangements for the shop to do whatever was needed and I paid the shop's bill. I'd say to schedule a time to meet the guy at the shop of choice and have him make arrangements for your truck repair bill. If he is unwilling to do that soon, than call the insurance company.

 

[ukwildcat]

Here is another thing you may not have considered. Do you live in a "Fault State" or "NO-Fault State"?

If you live in a No-Fault state your insurance will by law pick up the cost of repairs, health care costs, etc. Then your insurance company will go after the other insurance company for re-imbursement.

Also, whip-lash injuries can be late in onset of symptoms. There has been documentation of onset of symptoms as late as 2 years after the rear-end collision.

I would contact your insurance company as well as a lawyer and discuss your options.

I work with this sort of thing all the time, and too many times I have seen the party not at fault lose out in the end. Good luck.

 

[ukwildcat]

Just saw you live in the Orlando area. Florida is a "No-Fault" state. It doesn't matter who was as fault. Your insurance company will pick up the costs initally.

Contact a lawyer and file a claim with your insurance company.

 

[ZebraStripes]

Also, whip-lash injuries can be late in onset of symptoms. There has been documentation of onset of symptoms as late as 2 years after the rear-end collision.

This happened to my husband when he was rear-ended. It took a week or so and he ended up having permanent damage. The other insurance company ended up covering medical bills, time lost, etc.

 

[madison66]

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