I witnessed a rear-end collision and money transaction on the freeway. The guy who was rear-ended sustained little to no damage, while the driver who did the rear-ending, his car is smashed really bad. I pulled over to be a witness. However, the drivers were already talking about not reporting anything to the authorities. The rear-ender paid the other driver $1,000 to walk away. Is that illegal? I think it's o.k., since both parties agreed. What do you think?
2006-06-21 08:50:18 · 21 answers · asked by whatzerface 3 in Politics & Government ➔ Law & Ethics
Then both drivers "left the scene of an accident" and that's not legal. It may be your car but it's our highway(taxes) and DLs aren't rights it is a privilege the state can and will revoke for little things. A police report has to be made on State and Federal highways. But hey, no cops no foul. I'd take the $1000 and go too.
2006-06-21 08:56:01 · answer #1 · answered by obitdude2 7 · 5⤊ 3⤋
This is a very interesting case, and one that garners some serious thought. The person who paid the so called innocent victim, may himself be the victim of a scam. It is not illegal to pay someone for damages that you have done to their property as long as both party's are in agreeance to the sum being paid. However, the one doing the paying, needs to protect themselves from further litigation by the one that they pay. Having a witness to such transactions is always good as well as having the victim sign a waiver against further claims.
In various areas of the country, scam artists are doing a "Swoop and Stop" means of accident causing people to rear end the one in front of them without any chance of avoiding it. The one being rear ended is a friend or family member of the one doing the swooping and they split the monies claimed from the rear ender or his insurance company.
Whatever the case, if you are involved in an accident whether a victim or the cause, "always" get a police report. Never assume responsability for anything until speaking to a lawyer or at least, your insurance agent.
2006-06-21 09:06:51 · answer #2 · answered by chief_manyfeathers 2 · 0⤊ 0⤋
Its not illegal, happens all the time. Especially for those out there that are uninsurred. People call in the police when they want to be sure their car is repaired and medical bill paid. If they decided to go the "easy" route for "whatever" reason, it is up to them. But the guy that got the money pay off can't go back later and put in any claim on the accident. It was his responsibility to either do it with the police and insurance companys, or take a pay off without ever getting anything further. So if the guy with the money in his pocket happens to have back problems and stuff, too bad, he'll never get another dime from the driver. He is SOL
2006-06-21 08:57:31 · answer #3 · answered by Fays Daze 3 · 0⤊ 0⤋
Actually, it depends on what state you're in. For example, in Minnesota, we have a law that requires you to notify police if damage to any property exceeds $1500 in a vehicle accident. From your described scenario, the person who rear-ended the guy in front had severe damage done to his vehicle, while the guy who was hit from behind had very little damage. This law in my opinion is VERY discretionary, since most normal drivers are NOT auto body repair specialists, and often don't have any indication of the cost of the damage done.
My best guess is that the person who rear ended the other probably chose to pay off the victim in this case, and avoid a police confrontation for a bigger reason - Maybe drinking and driving? Maybe driving with a suspended license? Maybe he's wanted on a warrant? Who else in their right mind would offer $1000 for very little damage done to the other car?
2006-06-21 09:00:27 · answer #4 · answered by loving father 5 · 0⤊ 0⤋
It is legal to settle with each other and not involve the insurance company.
But if the damage is over a certain amount (law varies by state) the fact of the accident needs to be reported to the DMV -- records are kept on the vehicle, so that on resale the fact that the car has been in an accident is on record.
2006-06-21 09:00:36 · answer #5 · answered by C_Bar 7 · 0⤊ 0⤋
It's not illegal to handle the case yourself, but if you have insurance it could be a violation of your policy conditions.
An auto liability policy requires you report any accident 'to which the coverage might apply.' If the guy does truly go away, you have no problem. But if he decides he wants more money and sues you, you would then have to turn the suit over to your insurance company and they could claim you jeopardizied their rights by trying to settle it yourself.
P.S. This happens a lot more often than you might imagine.
2006-06-21 10:54:04 · answer #6 · answered by C R 3 · 0⤊ 0⤋
Not our business. However, parties can resolve their dilemmas any way they deem necessary. The truth is, the authorities don't want to be involved unless someone is hurt and insurance companies are bigger rip-offs than any private transaction could ever be. They both save themselves a lot of time and money and hyped insurance rates.
2006-06-21 09:09:09 · answer #7 · answered by Dancer3d 4 · 0⤊ 0⤋
Totally legal. The responsible party took responsibility and paid for the damages. If both parties are happy and agree to the terms, what is your problem?
2006-06-21 09:23:14 · answer #8 · answered by Goose&Tonic 6 · 0⤊ 0⤋
The rear ender paid? Boy is he ever stupid. He must have been illegal about something, because it was the other guys fault. He should have paid the rearender.
2006-06-21 08:53:55 · answer #9 · answered by TMAC 5 · 0⤊ 0⤋
It's legal. And probably a lot cheaper then going through the insurance company.
The guy had a grand on him. Man, I would be scared to carry that much money.
2006-06-21 08:54:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋