And you will pay the collision insurance deductible on your car and it will count against your insurance. Been there and done it. Its easier to get blood from a stone than it is to get money from an insurance company where the statements don't indicate liability. If she refers it to her insurance and tells the complete truth to them then they will likely deny the claim and his insurance will pay for it under collision insurance if he has it. I can almost guarantee it.
And you will pay the collision insurance deductible on your car and it will count against your insurance. Been there and done it. Its easier to get blood from a stone than it is to get money from an insurance company where the statements don't indicate liability. If she refers it to her insurance and tells the complete truth to them then they will likely deny the claim and his insurance will pay for it under collision insurance if he has it. I can almost guarantee it.
it's true, I had an accident in November and the police would not come, or even take a report the following day. they only come if there's an injury or hit & run.
You seem to have very little experience with insurance. First off they will send an adjuster to check out the damage. The adjuster will recommend a settlement. That is if there is damage that can be attributed to the accident. The insurance company will then offer you a settlement. This is based on the cost of fixing cars like yours with similar damage. Most auto shops give estimates based on what insurance will pay. There is a set amount for just about every type of damage you can think of and this is what insurance companies are required to pay if there insured is found to be at fault not what billy bobs auto is willing to charge so you can screw somebody. Anything over that amount comes out of your pocket if it is not in line with other estimates. No money will come out of her pocket.
Utah is a no-fault state, rahvin. California isn't, and neither is it where I live in Ohio. My car was damaged, with no police report, and my car was fixed at a top quality garage without even contacting my insurance.
God damn, you listen for sh|t!
My wife's car was hit by some clown, who didn't know he was supposed to stop. There was a police report, but I DID NOT contact my insurance. I took it to the closest garage to my home, that did quality work, and told his insurance company to hash it out with the owner of the garage. I don't know or care what it cost, and I sure as hell didn't keep appointments with their adjusters or "shop around" for estimates. FVCK THAT!
Regardless of whether police were on location or not, that does not mean an accident report doesn't need to be filed with the local police. You have to file an accident report within seven days of the accident occuring to have it be legal that it even OCCURED. Once the report is filed there is then X amount of years that a statute (as opposed to statue) of limitations on whether that case can be heard in court (amount of time varies by state). A statute of limitations only affects whether the court will hear the case. In order for the accident to be legally binding, the report of its occurence has to be filed with the PD in the town in which the accident occurs no more than 7 days after the accident (in most areas, once again your mileage may vary). Beyond that there is no real evidence of anything occuring, and the court will throw that out... because as others have said, who is to say they didn't cause the accident on their own? Yes, insurance will open initial claims, but the insurance company will fight it to court if they don't want to pay (they won't). And if the case goes to court through the insurance companies, and there is no filed evidence of an accident occuring, and no documentation of what happened (those stupid pictures you have to draw of the little triangles driving in the streets all numbered and dashed lines and crap) then it will get tossed out. Let them open a claim. See how far it gets.
I would not lie and say the accident never happened. It is as simple as saying on the phone "I am not going to pay you money." The less you say the less you can be held accountable for. Don't lie, don't tell the truth. Say nothing on the matter without counsel.
(man the amount of misinformation in this thread is something....)
speaking of misinformation
what you say may be true in Massachusetts but the law varies by state. in CA you do not have to file a police report, as I indicated they may not even let you. you DO need to file an accident report with the DMV.
Originally posted by: PipBoy
speaking of misinformation
what you say may be true in Massachusetts but the law varies by state. in CA you do not have to file a police report, as I indicated they may not even let you. you DO need to file an accident report with the DMV.
Well, like I said, your mileage may vary...
but AFAIK *all* states require SOME form of documentation to be filed with SOMEONE... PD, DMV, somebody... and I avoid the term "police report" because thats not what they are even in Mass... it isn't a form filled out by the police. It is an accident report filled out by the persons involved. In Mass it goes to the PD of the town in which the accident occured (then it goes to DMV) Cali, as you have said goes right to DMV. But like I said, AFAIK all states require some form of documentation to even consider the accident as occuring.Utah is a no-fault INJURY state. The no-fault only applies to medical claims. If her insurance company believes there is no liability on her part they WILL NOT PAY. They will force the other party into a lawsuit to get money and they will only discuss it if the other party hires a lawyer (and no lawyer is going to take a non-injury lawsuit). I know this from experience. If you involve your insurance company they will simply try to get the other insurance company to pay and if they refuse they will tell you to take it to court or fix it under your collision insurance.
It is STANDARD operating procedure at all insurance companies to refuse to pay on anything that can't be proven in court. Unless the guy has definative proof that there is $800 in damage to the car AND that it was caused by the accident he is going to be SOL. No insurance company still in business is going to pay a claim that they wouldn't have to pay if it went to court.
- Jun 19, 2001
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thanx for the info and feedback guys. i think the best thing i can suggest for jane to do is just tell john's mom "i'm not paying you any money out of pocket, please stop calling". then promptly hang up. if john's mom can get the insurance info, then fine, let it be.
however, if john's mom does get jane's insurance info and the insurance company calls jane... could jane question how john's mom got that information?
however, if john's mom does get jane's insurance info and the insurance company calls jane... could jane question how john's mom got that information?
Under California law if an accident happens and damage $500 or more a report must be filled with dmv. Local Pd with exception of chp usually will not respond to take police report unless someone is complaining of pain/injure
spanky: if the mom call again tell her to basically stop calling or janet will report her for harassment, if mom ask for insurance info then give it to her.
spanky: if the mom call again tell her to basically stop calling or janet will report her for harassment, if mom ask for insurance info then give it to her.
So, you're saying in the incidents I experienced, the other insurance company knew they'd have to pay, one way or the other? Guess that's so, because it sure wasn't a hassle of any kind. In this case, if I were John, I'd take it to court if I had to. I'd stick it to her every which way, after giving her a chance to settle nicely!
At 30 days with no indident report, no witnesses and your word against theres the judge would toss it out for lack of evidence. This is why you always fill out the required paper work immediately (or get a police report) and contact the insurance company the next day.
Just for reference I got hit by a lady that ran a red light, she denied, no witnesses stayed so I ended up eating the collision deductible.
I listen just fine. In your case fualt was established in a police report. Nothing to question there. Completely different case. He will not however be able to take it to a garage and get it fixed without an adjuster verifying the damage. Since you stayed out of it you don't know what happened behind the scenes. More than likely the garage accepted what the insurance offered and since no money came out of the clowns pocket your since of achievement is flawed. I can assure you that if the same events applied to your case (no police report, 30 days past, agreement there was no damage,) things would have been much different.
Originally posted by: fredtam
Originally posted by: dtyn
Was there a police report? No? Then it never happened.
Exactlty. It should have been reported to the police and insurance. He probably chose not to because he didn't ahve insurance or some other less than honorable reason. The best thing to do is to tell John's mom to fvck off or you will report her for harrassment and extortion. Jane offered to exchange info and he chose not to. Given the amount of time since the accident a lot of things could have happened to the car. If he gets the insurance info the insurance company will defend you and he won't get a dime.
fgor five bills they might just write it off and then you get nailed with a higher premium.
Originally posted by: tm37
Originally posted by: fredtam
Originally posted by: dtyn
Was there a police report? No? Then it never happened.
Exactlty. It should have been reported to the police and insurance. He probably chose not to because he didn't ahve insurance or some other less than honorable reason. The best thing to do is to tell John's mom to fvck off or you will report her for harrassment and extortion. Jane offered to exchange info and he chose not to. Given the amount of time since the accident a lot of things could have happened to the car. If he gets the insurance info the insurance company will defend you and he won't get a dime.
fgor five bills they might just write it off and then you get nailed with a higher premium.
Insurance company is not in the business of writing off claims and then just charging higher premium as no one would ever get insurance with them. Insurance company in this particular john & Janet case will defend Janet and john will not win for a simple fact that the period for notifying Janet insurance company or even his own was unreasonable. Basically if it goes to court judge will ask how long would a reasonable person need to notify the insurance company of the accident. Over 30 days is not reasonable. Btw if someone if someone says well she didn't give me the info the answer to that would be u should have called the cops and notified that Janet refused to give you the info, sot he cops could investigate the crime. Basically Janet will win this case 100% unless she admitted her guilty at any time.
A couple people have heard her admit she did it. There is damage on both cars. If I were her, I wouldn't risk it. If I were him, I'd do everything possible to get what's due me. That's IF he's the one behind this.
DrPizza
Administrator Elite Member Goat Whisperer
Holy Sh!t... all these replies and no one has suggested this:
Have her call her insurance company, tell them the story, including that. "then we went our own ways."
Tell the insurance company that now, a month later, the mom said that the bumper was going to cost $800 but they'd be happy if she gave them $500. Then, she should ask the insurance company what she should do. She should tell them that she suspects they're trying to scam her out of the money, because they waited so long and there was no visible damage, and both parties agreed there was no damage, and there was only a small scratch on her bumper. And, tell the insurance company that the mom was threatening to have their relative, the cop, look up her insurance information if she doesn't fork over the $500.
Then, when the mom calls back, Jane'll know what to tell the mom. I'd bet the insurance company would agree that it sounds like insurance fraud.
Hopefully, though, you don't tell Jane to lie.
btw, if you *did* want to lie, the best way would be to contact John's mom and tell her that you contacted the insurance company. Then have a friend show up and impersonate an agent from the insurance company. Ask the questions "Did you file a claim with the police department or your insurance company or the dmv within 7 days? I'm sorry, then we can't honor your claim. Legally, no accident occurred since you did not file before the deadline. There's nothing I or you can do. Again, I'm sorry. Have a nice day."
Have her call her insurance company, tell them the story, including that. "then we went our own ways."
Tell the insurance company that now, a month later, the mom said that the bumper was going to cost $800 but they'd be happy if she gave them $500. Then, she should ask the insurance company what she should do. She should tell them that she suspects they're trying to scam her out of the money, because they waited so long and there was no visible damage, and both parties agreed there was no damage, and there was only a small scratch on her bumper. And, tell the insurance company that the mom was threatening to have their relative, the cop, look up her insurance information if she doesn't fork over the $500.
Then, when the mom calls back, Jane'll know what to tell the mom. I'd bet the insurance company would agree that it sounds like insurance fraud.
Hopefully, though, you don't tell Jane to lie.
btw, if you *did* want to lie, the best way would be to contact John's mom and tell her that you contacted the insurance company. Then have a friend show up and impersonate an agent from the insurance company. Ask the questions "Did you file a claim with the police department or your insurance company or the dmv within 7 days? I'm sorry, then we can't honor your claim. Legally, no accident occurred since you did not file before the deadline. There's nothing I or you can do. Again, I'm sorry. Have a nice day."
"john inspected his car and said nothing seems wrong with his car"
It could just as easily be that mom saw damage on the car the other day, and asked John WTF he did to the car? He explained what happened, and mom took over.
You'd have to be a pretty slimy weasel to try to get out of it. If I were the judge, I'd ask her a LOT of questions to get her to stumble. If she did, I'd tear her a new one.
It could just as easily be that mom saw damage on the car the other day, and asked John WTF he did to the car? He explained what happened, and mom took over.
You'd have to be a pretty slimy weasel to try to get out of it. If I were the judge, I'd ask her a LOT of questions to get her to stumble. If she did, I'd tear her a new one.
Depends if it's small claims or not. I figure I could win there, but not sure about collecting...
Gotta love people who can't own up to their responsibilities, eh?
Gotta love people who can't own up to their responsibilities, eh?
don't pay sh1t to them...tell them to file a report and handle it through insurance. If your insurance is good, they'll tell him to take a hike since there is no police report.
For all you know, John may have had drugs in his car, a illegal firearm, or been under the influence....otherwise, he should've got a police report.
Too bad for him.
For all you know, John may have had drugs in his car, a illegal firearm, or been under the influence....otherwise, he should've got a police report.
Too bad for him.
Way to read, layton.
Already had a couple people verify that you don't always get a police report in CA. If she did it, she should pay. Too bad she can't drive!
Already had a couple people verify that you don't always get a police report in CA. If she did it, she should pay. Too bad she can't drive!
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