In other words: it's his fault, he said he'd take care of it, we did not file a police report nor did we solicit witnesses, and now he's reneging on his claim to responsibility. His insurance is playing coy and suggesting I go through MY insurance. Thus, my rates are hiked (which I don't want to do). Any suggestions, legal or otherwise?
2006-07-07 09:12:04 · 7 answers · asked by dchalliday 1 in Cars & Transportation ➔ Insurance & Registration
Take them to small claimes court, or hire a lawyer and take them to court, or just eat the loss. Legally you were wrong not to call the police and I am not sure if that would look good in court, but he agreed to pay, and that is a verbal contract. Good Luck!!
2006-07-07 09:20:03 · answer #1 · answered by Scooter 2 · 0⤊ 0⤋
You are screwed, blued and tatooed. You can't blame his ins co., they have an obligation to their policyholder, i.e; no witness, no police report, your word against his...what would you want YOUR company to do? Suck it up and file this under stupid tax. Always, ALWAYS contact law enforcement when you are involved in an accident...even when it's your fault. Insurance companies (good ones like State Farm) are there to PAY claims,(even to the other party), not deny them. It is the basic philosophy of the company but you need to assist the claims office as much as possible. Small claims may be an option but I doubt the court would award you with any money that has been paid by your ins. co. for repairs to your car.
2006-07-07 16:51:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A police report wouldnt help. In fact, they wouldnt have made a report unless there were injuries and I am assuming none.
Contact your insurance, let them know he admitted fault. They can go after him and his insurance for you.
If all else fails, you can file on your own insurance. Not what you want to do of course, but the second you contact them to let them know there was an accident, it will go on your driving record, even if you do settle through the other guy's insurance. Just FYI.
2006-07-07 10:04:32 · answer #3 · answered by heathermama_tx 3 · 0⤊ 0⤋
Take him to small claims. Be sure u have photos, estimates, and go ahead and call your witnesses and get a signed sworn statement from them. Your insurance company doesnt even need 2 know. Your cost about $60.00 filing fees, film, time, and your estimates should be free. If there not, find another bodyshop.
2006-07-07 09:31:34 · answer #4 · answered by minesquishy 1 · 0⤊ 0⤋
Always get a police report which will help determine who is at fault. And don,t be so trusting of people.Of course he/she says they will take care of it at the time but when it comes time to paying up it,s your word against his so you might be S.O.L. Not what you want to hear I,m sure but live and learn I guess.
2006-07-07 09:30:16 · answer #5 · answered by Iknowthisone 7 · 0⤊ 0⤋
you only have to call the cops if the damage is more then $400 i think. but since you have no witnesses and no police report you dont have much of a case. his word vs yours. hope it wasnt major damage done to your vehicle.
2006-07-07 10:01:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
go to your insurance already that's why you have it file a police report and proceed as you should have done to begin with
2006-07-07 09:16:35 · answer #7 · answered by worldstiti 7 · 0⤊ 0⤋