About a month ago I was in a car accident. My car was being rear ended by a Hummer. We didn't call the police and filed the report. Because I thought that they were going to pay for the repairs. But as it turned out, they denied and didn't want to accept the responsibility. So I may end up paying for the deductible and the rental cars. Is there anything I can do at this point? I do have a witness and have his phone numbers.
2007-02-12 13:33:34 · 13 answers · asked by Bei Bei 1 in Cars & Transportation ➔ Insurance & Registration
It's been a month now, can I still file the police report? Would it even help?
2007-02-12 13:44:48 · update #1
I've already given the other party's insurance info to my insurance company. His insurance company can't claim the report since the owner of Hummer is denying everything. And I have no police report to proove anything except for I have one witness.
2007-02-12 13:52:11 · update #2
If you used your own coverages (Collision / Rental Reimbursement), the insurance company will attempt to subrogate. This means they will seek reimbursement of what they paid to you as well as your deductible and rental costs from the other insurance company. If you cannot get the other party's insurance information, give your insurance company their information and they will do what they can to get your deductible and rental costs back.
Beyond that only thing you can do right now is send your adjuster the witness information you have. Other than that you don't really have much other recourse.
Lawyers will be of no help because by accepting your insurance company's settlement you have signed over any right to sue the other party or other legal action against the other party to your insurance company (this is called the right to subrogate). This prevents duplicate payments (i.e. you being paid twice for your claim and your insurance company being out what they paid you).
In RE Comments: Actually in the end your insurance company and the other party's insurance company will fight it out through an organization called "Intercompany Arbitration" that specifically deals with liability disputes between insurance companies.
2007-02-12 13:45:07 · answer #1 · answered by OrthoAng 2 · 0⤊ 0⤋
At this point the police probably won't file a report - and if they did - they would record your version, the other person's version - and then record the witness's name. You wouldn't be any further than you are now.
If the other person tells a different version and their insurance company won't accept the witness's version - you should use your insurance, and then they will go after the other insurance company for their money and your deductible.
Or - you could sue them in small claims court if you don't want to get your car repaired right now.. It could take a while to get the case heard.
2007-02-12 16:50:03 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Always get the police report and leave the cars the way they were when they first hit unless they are a traffic hazard.
get witness reports and take pictures it you can and report the accident to your insurance company. Check with you local court system and see if small claims court will help you get out of this ordeal.
My wife was getting into her car and a lady backed into her while she was still parked and we got a police report, however, the other drivers husband who wasn't there called it in to our insurance company and said my wife was at fault, without the police report it would have been a she said she said deal. The other persons insurance paid for fixing our car and rental expenses.
2007-02-12 13:52:26 · answer #3 · answered by semi273hemi 4 · 0⤊ 0⤋
Legally, all accidents must be investigated by the police. Technically, you broke the law but they won't put you in jail for this. You can't file a police report since cops were not called to scene. The only option is to file a civil law suit.
No offense but it's not too smart to trust someone driving a hummer - these people not only have underdeveloped private parts but also have no brain whatsoever.
2007-02-16 06:27:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You will be fine. You called his insurance company and as long as they said they were not going to pay, then your fine. Even if they did say they were not going to pay, then its time to file suit. With or without a police report, you will be fine. Usually, the person that rear-ends the other car is always at fault. Just dont let his insurance company that you have to take your car to a particular shop to have it fixed. You take it to the shop you want it fixed at, and dont take no as an answer. Dont let them push you around.
2016-03-29 04:13:30 · answer #5 · answered by Chelsea 4 · 0⤊ 0⤋
Ummm....why don't you give BOTH insurance companies the witness info????
BTW...the other person's insurance has a claim open, they are just denying liability.
let your insurance company deal with it....get your vehicle fixed, pay your deductible, and call it a day.
2007-02-12 15:11:29 · answer #6 · answered by bundysmom 6 · 0⤊ 0⤋
Get a good lawyer. Without a proper police report it will be hard to prove the fault.
2007-02-12 13:38:54 · answer #7 · answered by J-rod 2 · 0⤊ 0⤋
Rule of Thumb...Every car we have, we have a disposable camera in the glove box. A pix says a thousand words and WILL stand up in court. I would contact a lawyer(usually inital consultations are free) and see what your options are. They will be straight forward as they know the law best! Good luck to you!
2007-02-12 13:44:10 · answer #8 · answered by All 4 JR 5 · 0⤊ 0⤋
Give the information to your insurance agent. Hopefully they will collect from the person at fault and get your deductible back for you.
2007-02-12 13:39:52 · answer #9 · answered by oklatom 7 · 0⤊ 0⤋
file a police report with witness information.
2007-02-12 13:37:27 · answer #10 · answered by Sundew 4 · 0⤊ 0⤋