To start things off, I dont have a license. I know, Iknow im stupid, dont repeat what I know already. The guy who damaged me dad's car stopped and told me he was going to pay for the damage he did to my car. My dad arrived at the scene and we got his information- insurance, ID #, address, name, phone number. We filed a claim to his insurance but they talked to him and he denies it all, saying it was MY fault! I acatually have eye witnesses- my 2 bros. I also have a text message he sent me that night saying sorry and to call him when i get an estimate on the damage. How can I make him accept he did it? I know i might get a ticket for no license, right? HELP!!!
2006-12-14 09:15:18 · 16 answers · asked by marlene_m2010 1 in Cars & Transportation ➔ Insurance & Registration
First of all, liability isn't based on who the striking vehicle is - it matters who's actually legally at fault, and you haven't given enough information about the accident itself for anyone to figure that out.
Second, if you have collision coverage, use it. This is what you pay your own company for. If they can prove he's at fault, they can collect back both their money and your deductible.
If you don't have collision coverage: It may well be he THOUGHT he was at fault, apologized, then found out from his insurance company that based on the facts of the accident you were actually the liable one... maybe you pulled out from somewhere, maybe you backed out of a parking space, I don't know. But I see people apologize all the time thinking they're at fault, who find out later they're not.
But be aware - saying he's sorry and telling you to get an estimate, even via text messagage, are not legally binding contracts nor proof of guilt or liability. Talk to your insurance company adjuster in detail. Ask her if the liability is for or against you, or if this is a "driver vs driver" or "word vs word" situation. And your brothers are not considered independent witnesses - neither would any passengers the other guy had, so for insurance purposes that's no help to you.
If your company feels it's driver vs driver, you can try the DJ or Magistrate (small claims) and let a judge decide which one of you he/she believes. Understand that his insurance company will likely defend him and provide him with a lawyer, but if you're the one bringing the action, your company cannot assist you - they only defend you in small claims. And not having a license can hurt in front of a judge. Be aware going in the judge could decide you were at fault and owe HIS damages, and you could come out of it worse than you went it.
So talk it over carefully with your dad and your insurance company and then decide from there. Good luck.
2006-12-14 10:15:58 · answer #1 · answered by ohso_quiet 4 · 1⤊ 0⤋
First off, people who say "take him to court!" make me laugh. You cant just "take someone to court" who has insurance- thats ridiculous.
Heres the deal- if the damage does not SHOW that he was at fault (for example- a rearend accident is easy to tell liability) then unfortunately they are going to side with their insured.
As far as your "witnesses"- they are not a 3rd party- they are your brothers- therefore- they dont matter whatsoever.
This is why its so important to have your own insurance to go through in an accident. Does your father have collision on his vehicle? You need to file through him if they do.
If you dont have coverage yourself- honestly- your screwed. Dont bother listening to the know-it-all's on here who think you can sue for everything. It's ridiculous and will only waste yoru time and money- not lawyer would even bother with this.
btw- just to let everyone know out there- COMPLETE MYTH- that you are automatically at fault if your uninsured or drunk. You can be wasted driving down the road and if your rearended by another vehicle they will be at fault for the accident (now- that doesnt mean you wont get a dui)
2006-12-14 10:18:37 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Smartypants is wayyy off base. It's not AUTOMATICALLY YOUR FAULT if you drive without a license or insurance....it just means you're an idiot and shouldn't have been driving at all.
Keep the text message from the guy to show in court. He needs to be taken to court if the insurance company doesn't cut you a check. Any photos, witnesses, et cetera are extra good for your case. Good luck!!
2006-12-14 09:28:03 · answer #3 · answered by vamedic4 5 · 0⤊ 0⤋
several options, take him to small claims court along with your witnesses, have your insurance fix it then they can try to settle with his insurance company, call police let them know the truth, give them witness name(s) or have witnesses there when they arrive and see if they will follow up, and yes you may get a ticket also but might save on insurance hikes in the future for your dad. but next time notify police immediately even if by phone so they have it documented.
2006-12-14 09:25:39 · answer #4 · answered by gregory j 1 · 0⤊ 0⤋
Take him to court - that's the best way. Although, honestly I'm not sure how a judge will look at the case being that you were driving without a license. Regardless that's the best way to get results - you have witnesses and physical evidence, so it sounds like you can present a quality case if you choose that route.
2006-12-14 09:18:10 · answer #5 · answered by ? 3 · 3⤊ 0⤋
Wow you are in a tough situation. He probably found out that you are not legal to drive the car, NO DRIVER'S LICENSE! ouch. At best it's going to be dismissed (both party's at fault). At worst you will be held liable and cited for driving without driver's license. Sorry , hope things work out for the best.
2006-12-14 09:19:50 · answer #6 · answered by chaseki 3 · 0⤊ 0⤋
something very similar happened to me 2 weeks ago , this guy ran in to me at a red light he didnt have a lic and all i had was my learners permit , he said lets settle it with out the cops and i said ok when i went to park to settle it he drove off and i chased him like 3 miles we ran 3 red lights and when he finally stopped he was like why are you following me... and i was like you MoFO u better stop or ill call the police, i called the police and still followed him to his house he said im going inside ill be right out and when he went inside he went to sleep. when the cops came and knocked on his door he was oblivious of everything turned out he was drunk , he had no lic., no legal doccuments to be in the us and the car wasnt his. the police gave him 3 tkts and didnt give my any because i was on my way back from work but he told me i deserved a tkt any way when i called his insurance it turned out that his insurance had been cancceled for 7 mths and there was nothing i could do so i went to his house and told him the i wanted my money nd if he didnt want to go to jail i wanted my money asap so i got the estimate and he gave me part of my money .... my advice get your license and file a police report dont fear a tkt if it wasnt your fault u may not even get one
2006-12-14 09:35:22 · answer #7 · answered by ~*Berry Me*~ 3 · 0⤊ 0⤋
First off you have to take him to court.
second it proof that it was his fault you need an accident report.
third get a lawyer.
Four good luck
fifth the system sucks...might as well pay out of your pocket.
but good luck and get your license because that might help. You both left the scene of the "accident" so you are both liable.
but like I said good luck.
2006-12-14 09:19:50 · answer #8 · answered by evrythnnxs 4 · 0⤊ 0⤋
in case you both have a similar coverage company say State Farm for example State Farm would ought to pay for the upkeep and injuries. Then State Farm will be sure who became at fault and fee because taking section in adverse to they to blame celebration. it must be efficient in case you had a duplicate of the police record to validate the very undeniable truth that it became no longer your fault as you probable do no longer want your rates to race.
2016-10-18 07:28:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Driving without a liense could mean jail time for you!
Give this over to insurance. And work on getting you liense!
Lets just say you souldn't of been driving PERIOD!
2006-12-14 09:21:49 · answer #10 · answered by compgeekdotcom 2 · 0⤊ 0⤋