What do i do? What are the NY laws pertaining to accidents?

Question

I hit some guys van. I left a note. he called me back. we talked i told him to get some quotes. he gets back to me and tells me its 1000. to fix a door that i just dented in. i had no problem with that cause i know a body work guy who could get me the door and do the work and even paint it for cheaper then the 1000. but he said he didnt want that done. he wanted to have it his way. so i try to get money up for it but i have no job right now and there really isnt much i can do besides go through insurance. every time i offered the guy what i can get done for him. he is unflexible cause he wants everything perfect. i was just like i cant do it. so just go through insurance. now he doesnt want to. its been months since this happened and i dont want to get in trouble for it. i was in the wrong to hit him, i have offered what i could to him. what kind of trouble can i get into? or how do i resolve this? can you still file a claim? people told me to ignore him but i dont think thats right

Answer 1

Technically, you should advice your insurance company of the situation. Only problem is, once you do that, your rates with probably go up. If they guy hasnt contacted you, I'm assuming he probably called your insurance company and filed a claim. You did all that you could do. I would just leave it alone, if he decides to have you get it fixed your way, then thats great. If he decides to call your insurance co... then they will deal with it.
The only problem I can foresee is the insurance company denying the claim becuase technically you are supposed to advice them of the accident immediately. I wouldn't worry too much about that though. If the insurance co gives you a problem, just tell them that you decided to settle it outside of insurance and then the guy just went and made a claim. I havent yet heard of a company denying a claim in a situation like this.

Answer 2

He can't refuse to use his or your insurance (whichever is appropriate). No one actually has that choice--that's why most insurance companies make you sign that you agree to report all accidents, even if they're minor. If you have liability on your car, then he has to call your insurance. You may be in trouble for not reporting the accident, but I imagine only w/ your insurance and not w/ the police (because the damage is so small). Your insurance rate will certainly go up. You can still tell him that your offer stands or he has to contact your insurance, but that's it. Then he will have even less control--then the insurance company gets to decide how to fix it, how much the repair is worth, etc.

Note that I speak with experience from CA accidents, so NY could vary.

Answer 3

Do you have insurance that would cover this? And you didn't report it when it happened? Your company can refuse to pay now if that's the case. But you must report it anyway. Better late than never. The guy could sue you. If he does, your insurance company is supposed to hire a lawyer to defend you. But get on the ball and report it! That's what you pay insurance premiums for.