Help me build the best strategy for dealing with insurance...

[MrFanel]

Okay so as per previous thread - my car got owned by some douche bag that sideswiped my car and consequently totalled it. Estimates for repairs are about $3600 not incudling repairs for suspension.

Facts: when the accident happened, he did not have his drivers' license with him; seeing how it was the first time I've ever been in this kind of a situation, I didn't quite know what to do and I didn't call the cops. I did, however, get his driver license number, insurance policy number, insurance agent's name, car's license plate number and his VIN number. I know who he is, a bunch of my friends know who he is.

Also, he admitted to me that he was on his phone and got distracted and hit my car; although he claims he was going 25 MPH, but he may have been going faster.

Possibilties: He claims that he forgot the driver's license, but my dad thinks that he may have had it suspended or something of that sort... my dad is probably blowing smoke from his ass, but he wants to get as much money as possible .

I have already called the guy and he wants to go through his insurance since at first he wanted to pay for the repairs, but not after hearing the estimate.


Tomorrow I call up and make a claim with his own insurance, not mine - so I wonder - how does this work? Do I tell them exactly what happened and on top of that my dad's suspicion (sp?) that he may have invalid driver's license? Do I lie to them and say (and this is my dad's idea) "He said not to call the cops, something may be up with his driver's license"? Are they gonna take my side of the story and then take his? What if he denies it and says that his tire blew (which it did) and caused him to swerve into my car...?


This is so ****** frustrating and annoying... but any help regarding how to deal with this properly would be greatly appriciated!!!
__________________

 

[imported_Mike]

Ive never been in an accident, so I don't really know, but arn't you supposed to call your ins. agency who inturn goes after his?

 

[HomeAppraiser]

He hit your parked car, who cares why. Report it to the DMV as required by law and file a claim with his insurance. A police report would help incase he changes his story later.

 

[bootymac]

Talk to your own insurance company

 

[MrFanel]

Originally posted by: HomeAppraiser
He hit your parked car, who cares why. Report it to the DMV as required by law and file a claim with his insurance. A police report would help incase he changes his story later.

Is it absolutely necessary to contact the DMV? My mom's car had 1300$ worth of damage and as far as I know they never contacted the DMV...

 

[imported_Mike]

DMV or no DMV, I would get a police report.

 

[wasssup]

Um you HAVE to get a police report.

Do it if you don't want to get screwed out of your loot.

 

[MrFanel]

Is it too late to get a police report?

 

[wasssup]

Eh you're really supposed to do it immediately, at the scene (so the other dude can't deny it), but do it now anyway. It's going to be a hassle if the other dude denies it now..

 

[HomeAppraiser]

Originally posted by: MrFanel

Originally posted by: HomeAppraiser
He hit your parked car, who cares why. Report it to the DMV as required by law and file a claim with his insurance. A police report would help incase he changes his story later.

Is it absolutely necessary to contact the DMV? My mom's car had 1300$ worth of damage and as far as I know they never contacted the DMV...

It is the law:

You must report the accident to the Department of Motor Vehicles within 10 days if someone is injured or killed or if damage to either car is more than $500.

DMV Traffic Accident Report Form (SR-1) link

Complete and file a "SR-1" with the DMV. If you do not, DMV will suspend your license until you file a SR-1 with DMV. You can mail the completed report to:

Department of Motor Vehicles
Financial Responsibility
Mail Station J237
P.O. Box 942884
Sacramento, CA 94282-0884

 

[HomeAppraiser]

Originally posted by: MrFanel
Is it too late to get a police report?

The law of the state where the accident occurs may require a police report to be filed. However, as there are many variations in state and local laws, and even local practices. Generally if any personal injury occurs in an auto accident, a police report must be filed. A police report generally also is required when property damage exceeds a certain dollar amount (often $200 to $500). The manner of making the report also varies. Some local police only take certain auto accident reports over the telephone, some require a trip to the station house. To be safe, at least a telephone call to local police should be made shortly after an auto accident to determine local practice and the information you are required to provide.

Something similar happend to me with a company car years ago. I went out to a look at a house in a new subdivision. I parked in a cul-de-sac and walked around the house. When I came back to the front there was the tail end of a pickup truck in my front fender. The teenage girl across the street was used to backing fifty feet straight out of her parents driveway since "No one ever parked on the street". We called the city police from her house and I let the company handle it.

I had to fill out a long @$$ form for our company insurance and it asked THREE TIMES "Were you wearing your seatbelt at the time of the crash? YES NO" So I had to cross out the boxes and write "I was not in the car." Three times!

 

[thomsbrain]

no no no no no no no no no.

1. fill out the form to report the accident with the DMV. this is the LAW.

2. call YOUR insurance company and tell them all about the accident. THEY will deal with his insurance company and make sure you get paid regardless of the outcome of their negotiations. they will also want you to take the car to a specific shop for the estimate and repairs... that is, if they don't just total your car.

 

[MrFanel]

Well, I talked to an Insurance Adjuster that is a friend of mine, and she said to let his insruance deal with it and that I don't need to contact the DMV being how they will do that for me... oh well

 

[Greenman]

And don't do what your dad suggested and lie to the insurance company. Why on earth would he even suggest something like that? Start telling lies in the hope that you might get a few more bucks? It astounds me that people will sell their pride and self respect for pocket change.

 

[HomeAppraiser]

If you have a local insurance agent who will handle it for you instead of a discount 800 number go for it. I am just used to taking care of everything myself, that way I am sure that it gets done.