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Got into an accident - need advice!

S

slackerinabox

Lifer
Here's what happened (in list form to avoid too much exposition):
1. While driving on a busy street, my roommate forgot to tell me to turn on an approaching street and yelled "turn now, turn now!" - I look back, but not soon enough - I smacked into a car in the other lane. It was my fault, I don't dispute that
2. The driver suggested that we settle this without going to insurance - he was in a rush and claimed that it would be better for both of us - I, feeling guilty, agreed and we did not file an accident report - I just asked him to mail me an estimate. I admit now that not filing a police report was a major mistake
3. His car only had a slight bump on it caused by the accident and had damage on another door he admitted was from a prior accident. A few hundred dollars worth of damage but he sent me an estimate for nearly $2,000
4. I refused to pay the $2,000 and suggested getting another estimate for the damage - he refused and claims to have already paid for the work
5. Now he calls me and refuses to negotiate and threatened to take me to court if he doesn't get a certified check for $2,000 by tuesday
6. He's like 85 years old and has parkinsons. NOT TO MOVE BLAME ONTO SOMEONE OTHER THAN MYSELF, but part of me is pissed because he wasn't in my line of sight when I merged - he continued accelerating while I had my turn signal on.. No, i'm not scapegoating - it's still my fault but... I feel that he should reach some sort of compromise instead of trying to force a $2,000 bill down my throat
7. The damage to my car was far more severe- the front bumper and right headlight was ripped off and I can't afford to fix both cars so I'm waiting for this to be worked out while my car is in a lot.

What are my options? A part of me would like to just take this to court and get this taken care of, but is that a smart move? I feel like he's trying to extort money out of the situation and it's moved from a situation that could have been worked out peacefully to one that's becoming hostile... any suggestions? I have no qualms calling insurance and but I'm nervous because I didn't file a police report at his insistance.
 
Is it illegal to not file a report? Ive had one accident in my life and the police told me to deal with the other person directly so never even came to the accident. I say just call the insurance company.

 
Call the shop and see if he had the work done. Have the estimate faxed to you and see if he included the prior damage in the accident. Tell him you will call insurance if you think he is trying to screw you (he probably won't want to deal with the hassle).

What kind of time frame did this all take place in? It would take at LEAST 2-3 weeks to get an estimate at a body shop, get the shop to order the parts, schedule the car to get fixed, have them finish fixing the car and him paying the bill.

You're kind of screwed, you should have called the cops and you should have taken pictures of the accident.

Now it becomes a he said, she said.
 
If you go to court you have no proof that what he had fixed was or was not caused by you. Thus, it's a he said he said type situation where there is no evidence that you did or didn't do that much damage to his car. Thus, if you go to court I would think that judge would see that you admit to hitting him and there is no evidence or proof as too how much damage was caused to this person's car from you.

I think you are going to have pay it. that sucks. no good. I had the same situation about 5 years ago and ended up having to pay. Call the police next time. I learned that for sure.
 
You do not have to file a police report and in most large cities the police will not come out to the scene of an accident unless there is bodily injury. Call your insurance, make a claim, and don't let this guy screw you.
 
let insurance deals with that, it is what they are here for. if you didn't file a police report, that's in your favor.
 
the 2 mistakes here are:
1. admitting fault at the scene
2. not dealing with insurance cos. initially
 
How many people heard you admit fault at the scene? His car has no damage...there is no way for them to forensically prove that you hit his car. If I were you, I would just deny you did damage. In other words, lie about it. State that the driver got out, told you the car was already damaged there and told you not to worry about it.

Lie FTW. /thread
 
Originally posted by: pinion9
How many people heard you admit fault at the scene? His car has no damage...there is no way for them to forensically prove that you hit his car. If I were you, I would just deny you did damage. In other words, lie about it. State that the driver got out, told you the car was already damaged there and told you not to worry about it.

Lie FTW. /thread
Click to expand...
That's unethical, but might work. You should have just given him a faulty phone number that day. 😛

Seriously, if things get bad, call your insurance company. They'll take care of this goon....best part is that if he got it repaired already, I'm not sure how they'll deal with it. 😛
 
Originally posted by: pinion9
How many people heard you admit fault at the scene? His car has no damage...there is no way for them to forensically prove that you hit his car. If I were you, I would just deny you did damage. In other words, lie about it. State that the driver got out, told you the car was already damaged there and told you not to worry about it.

Lie FTW. /thread
Click to expand...

Two things -
1. I have this weird issue with karma (pardon the pun) - i want to do the right thing , that's why i admitted guilt. But the only witness was my roommate. This would be a non issue if the estimate was even $1,000 - I would pay, I'm a law abiding citizen and try to do the right thing, but if he's trying to screw me then.. well.. I don't want to bend over...

2. This accident happened around 3 to 4 weeks ago.

I *know* that I should have filed a report. I've gotten into fender benders before (it's NYC after all) and have always done that. But he insisted and I agreed because he was in a rush and I didn't want to ruin his day more than I already had. A BIG mistake, I know. But how do I deal with it now?

I don't care about an increase to my premium, incidents like this is what insurance is for after all, but would it be pointless at this point? Would I get hit with a double whammy - insurance gets jacked up while I still have to pay this guy.

My feeling is that, if I do go to court, some balance would be obtained because I feel like we were both in the wrong. but, if i do lose, would I pay more than the initial estimate (court fees, etc) or is $2,000 going to be the max?
 
"What are my options? "

you are an idiot first of all.

2nd of all, never let a backseat driver tell you how to drive

3rd of all, always go through your insurance because stupid sh|t like this does happen (your case just proves my statement)

4th, depending on how bad the accident was, always get a police report.

yea. my opinion is you didn't think of any of these and now you are paying the price for it. I suggest you call your insurance and file a claim.
 
Originally posted by: Feneant2
Is it illegal to not file a report? Ive had one accident in my life and the police told me to deal with the other person directly so never even came to the accident. I say just call the insurance company.
Click to expand...

there is no LAW that says you HAVE to file a police report. But sometimes it acts as evidence and a good mediator. Filing through your insurance is a great start, something the OP failed to do.

danny~!
 
Originally posted by: pinion9
How many people heard you admit fault at the scene? His car has no damage...there is no way for them to forensically prove that you hit his car. If I were you, I would just deny you did damage. In other words, lie about it. State that the driver got out, told you the car was already damaged there and told you not to worry about it.

Lie FTW. /thread
Click to expand...

2nd. he is trying to get more money out of you. if he was honest about the repair, you wouldn't be posting this. call up the insurance and tell them he hit you or something, since no police report. it is your story against his.
 
Originally posted by: DannyLove
Originally posted by: Feneant2
Is it illegal to not file a report? Ive had one accident in my life and the police told me to deal with the other person directly so never even came to the accident. I say just call the insurance company.
Click to expand...

there is no LAW that says you HAVE to file a police report. But sometimes it acts as evidence and a good mediator. Filing through your insurance is a great start, something the OP failed to do.

danny~!
Click to expand...

It IS the law in at least a few states that you have to file a police report (usually within the first 48 hours or something like that) if the damage exceeds a certain amount (think it's $400.) Don't know the law in New York, but it's the law in Oregon, Washington, & California.
 
Not calling the cops works in your favor. What sort of car was the guy driving? It sounds like he may be trying to scam you.

No police report = no accident.

 
This thread reminds of that thread by whatshisname who hit the old lady and didn't have insurance...

Did we ever hear the end of that?
 
Originally posted by: DougK62
Not calling the cops works in your favor. What sort of car was the guy driving? It sounds like he may be trying to scam you.

No police report = no accident.
Click to expand...

FTW!

In this case, he claims you hit him. Noi police report, no witnesses...I think HE is going senile and wasn't paying attention and rammed into you while you were driving and minding your own business.

Your deductible is probably no more than $500. Screw the payment he requested--put it through insurance and pay the deductible--it's what it is there for. Even if he gets the full $2k, you have to worry about fixing YOUR car. As such, $500 is much less than $2k + cost of repairing your vehicle. Most insurance companies are offering 1 accident forgiveness, so tell the old man to cram it. The longer you delay, the greater the chance that he dies before you pay out, anyway. (I mean, he's old...I'm just sayin'...)
 
Originally posted by: HomeBrewerDude
This thread reminds of that thread by whatshisname who hit the old lady and didn't have insurance...

Did we ever hear the end of that?
Click to expand...

He's posting on other boards, evidently has a 'restricted' driver's license. Don't know the details of what happened, but he's not in jail and has a new job.
 
Originally posted by: DougK62
Not calling the cops works in your favor. What sort of car was the guy driving? It sounds like he may be trying to scam you.

No police report = no accident.
Click to expand...

I agree, the guy obviously saw the opportunity to scam you and thats why he didn't want the police involved. He realized the damage was minimal and the police probably wouldn't file a report.

I would contact the guy in person (not over the phone), and offer him a couple hundred bucks. If he refused I would tell him to STFU and go pound sand, and disavow any knowledge of the accident.

 
Originally posted by: GuitarDaddy
Originally posted by: DougK62
Not calling the cops works in your favor. What sort of car was the guy driving? It sounds like he may be trying to scam you.

No police report = no accident.
Click to expand...

I agree, the guy obviously saw the opportunity to scam you and thats why he didn't want the police involved. He realized the damage was minimal and the police probably wouldn't file a report.

I would contact the guy in person (not over the phone), and offer him a couple hundred bucks. If he refused I would tell him to STFU and go pound sand, and disavow any knowledge of the accident.
Click to expand...

Around here, the police will always file a report if you call them. Even if there is no damage or evidence. A woman claimed that my brother hit her car in a parking lot because he parked too close to her bumper. No contact at all, so obviously no damage. Police still came and made an accident report.

 
aa ask for the recite of the fix to validate it is $2000 if he says I dont have it say I am not paying till I see a recite of how much it is
 
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