car accident advice needed?

Question

This is an honest question. Please answer honestly!
I rear-ended a lady. My fault. Her car had a little paint damage, my license plate was bent.
She called the cops, I got a ticket.
Now, almost two months later, she's asking for $500 for her "medical bills", car bills, and general frustration. (Yes, she said frustration as one of the costs.)
I'm not trying to be stubborn or uncooperative, by any means.
My insurance rates would skyrocket, so it's cheaper for me to cough up the $500.
But isn't it just unfair that she asks for more than she needs? Especially since she's middle aged, and I'm 21? I mean, I'm barely scraping by financially. Grr.
What do I do???

Answer 1

Ok, here's the straight story. You should really avoid handling this out of pocket unless you get her to sign a release agreeing this is a final payment, you deny all liability and she won't sue you. I don't know that your rate increase will be as much as you'd pay out of your pocket, and I have never seen out of pocket settlements work out.

Tell her also that she is only entitled to the cost to repair her car and any pain and suffering. Frustration is not compensable. There are certain things that come along with having an accident that make it inconvenient for you, like having to make phone calls or arrange to have your car seen, etc. that people are expected to endure and cannot be compensated for.

Honestly, you should let your carrier handle this, but if all she wants is 500 for the whole thing, insist on a release in full before you pay her a dime.

Answer 2

Your insurance company is not going to automatically pay, just because she asks for a particular amount.

If she has genuine medical and repair bills, she can show them to you. You can certainly offer to pay these legitimate expenses out of your own pocket, if you don't want to make a claim on your insurance. Any other costs would be denied by your carrier.

"Frustration" is not a payable expense. You might consider telling her that if she expects any more to be paid, beyond those items listed on receipts and bills, she will have to sue you in small claims court.

Between you and me, she won't get any satisfaction from Small Claims, but at least you can make her waste some of her time and effort. Look up the small claims laws in your state, so you won't face any surprises.

By the way, $500 is pretty cheap, and paying her off is the easiest solution. But, if you decide to do this, make sure you get her to sign a release that absolves you of any further liability down the line. In other words, you pay her the money and she can no longer come back to you for anything else out of this incident.

Answer 3

Having a minor concussion is not going get you much in a settlement amount. There is a threshold for Personal Injury cases. You need to have death, permanent dismemberment, loss of fetus, permanent limited use of extremities. Two days in the hospital with a final diagnosis of a concussion is on every Personal Injury attorney's desk, and they are nothing cases because they don't fall into the legal threshold of personal injury. Just go through the insurance to recover property damage to your car. However, keep an eye out on your health and make sure to file for no-fault insurance within 90 days of the accident to safe guard yourself. Most serious injuries from a car accident don't show up right away. You have three years from the date of accident to file a lawsuit.

Answer 4

Actually, you rear-ended her, so you are at her mercy so to speak. She has every right to even get an attorney and sue the pants off of you. It may not be right, but in all honesty, you have no idea exactly what could be wrong with her vehicle that is not seen by the naked eye, as well as what could be wrong with her physically. As you stated, she is an older woman, so she could be more susceptiable to injury. If she has notes from doctors stating that the accident was the cause of her injuries then you are responsible - or your insurance. Furthermore, she is allowed to have "general frustration" costs, but it is more normally considered an "inconvienence fee" according to most insurance companies. If it wasn't for the accident, she would not have to spend her time (possibly away from work - so be thnkful she is not trying to get you for lost wages) going to body shops and doctor's appointments.

Best of luck to you. I know it seems unfair as it is simply an "accident", but it is the price you have to pay for your mistake.

Answer 5

Dont PAY!!! She's trying to scam you. She probably slammed on her brakes in front of you on purpose to collect cash. Her insurance should cover her "damages" and if you have full coverage insurance they would pay her deductable. Never pay cash in a acr accident. At the most have her show you an estimate on repairs from a body shop and pay that (directly to the repair shop) if you want to avoid going through your insurance. But "medical bills" from a fender bender? And "frustration" is absolutly insane.

Answer 6

perhaps unfair-- but $500 is cheap-- be sure that she signs a note saying the money will cover all damages to her vehicle and also includes any personal injury now and in the future-- a person has 7 years to file a civil suit on property damage and 2 years on personal injury in oregon. since you were found at fault i would suggest that you settle out of court with the agreed amount and sign it in front of a notary along with the person seeking payment. you are probably getting milked a little too much-- but body and fender repairs are really costly nowadays-- good luck

Answer 7

Your insurance rates are going up regardless because you called the cops and they will report it to DMV! So my suggestion, let her collect from the insurance you paid for. They'll only give her what she is entitled to! Sort of giving back the shaft, know what I mean? Let her deal with the insurance company! She's a gold digger definitely!

Answer 8

Has she sent you the itemized actual bills (or copies of?) if not send her a certified letter requesting the bills.

If you have the actual bills, cut her a check for the total amount of the actual invoices, write on the memo line, "to pay for incident (date) in its entirety" and mail it to her.

Odds are she will cash it and forget about "general frustration" if not, let her sue you and hope she cashes the check.

"General frustration" is not a compensable legal damage in small claims court, pay what you owe and be polite and cooperative, but I wouldn't pay the extortion money either.

Answer 9

Don't ever pay her. Just tell her to talk to your insurance company. They will handle the legal aspect for you as well.

Just be polite and tell her that you can't afford to pay tution and would not mind taking a loan from her with a 7% interest. Don't engage in any discussion just tell her you are sorry and you didn't mean it. If she persists, tell her maybe your insurance company canhandle the same.

Answer 10

Do you honestly think your rates are going to skyrocket over $500.00 for this accident?? Please contact your insurance and let them handle this hag.
PS -- don't talk to her again except to give her your insurance company toll-free number --- ever!