In a wreck.. both had insurance.. police not called.. am i responsible?

Question

I was in a wreck about two weeks ago where i hit the back of a girl's car. It was minor scratches. We both had insurance but she proposed that we not call the police so that her insurance rates would not go up. She got my number and said she MIGHT call me. So a few days later she calls me and says i owe her 900 dollars and asks me to sign all this crap. can i just never answer her calls again or pay again?

Answer 1

Your insurance company requires you to make a police report before reporting it to the insurance company... If you had insurance in the first place to cover such an event Why did'nt you use it? It is just like buying an umbrella and holding it in your hand unopened in a downpour..... How stupid can that be?

Answer 2

The following assumes you are in the U.S. Knowing your state would be a big help.

First off listen to the folks who told you not to sign anything. DO NOT do that!!!!!!!! By doing so you can severely screw yourself over and you might lose the right to have your insurance company handle the claim for you.

Please don't listen to anybody who tells you that you are in trouble for not calling the police (that is a big mistake though. Next time call them) or calling your insurance company yet.

As a claims adjuster I have handled claims that were reported months and sometimes years after they happened.

I have never seen an insurance company REQUIRE you to call the police. It's a smart thing to do and the insurance company will like it if you do call, but it is not required. If you admit the accident facts to your own company that is good enough for them.

Calling the police would not have helped with the issue of the $900 in damages seeming high. Police know NOTHING about the cost to repair body damage.

Along the same line the average person is ALWAYS shocked to hell when they see an estimate to repair body damage. It is very expensive and unless you work in the repair or insurance areas you will be surprised by the cost.

Absolutely no need to call a lawyer. You'd have to pay for that yourself and it would be a waste of money.

I suggest that you report the loss to your company and tell them that you think the damages she is claiming seem excessive. Hopefully, your company will send appraiser out to inspect her damages. That way you know that the correct amount was paid and then you do not have to deal with the other driver. You can just refer them to your company.

Good Luck.

Answer 3

I don't know how it works in different states, but Michigan is a no fault state, so whatever happens no one is at fault. She didn't want to call the police because of insurance rates going up. You will just have to tell her that if it is going to cost that much that you are going to have to report it to the insurance. If she says no because her rates will go up then there is nothing she can do to make you pay. To force you to pay she would have to take you to small claims court and then she would have to be interviewed about the whole thing too, so no matter what her rates will go up. If I were you I would call the insurance company and make a claim and if they ask to see a police report then call the police and tell them that the person you were with did not want you to call the police because of insurance. I know it sounds mean, but its all legal that way and then you won't get into any trouble.

Answer 4

#1 ALWAYS, ALWAYS CALL THE POLICE!!! That way they can make sure proper info is being exchanged. (I know this by experience!) Also nobody can say you left the scene of an accident!

#2 Only a claim against YOUR insurance company will make YOUR insurance go up and a claim against HER insurance would have made HER'S go up. She may have been wanted by the police and that's why she didn't want you to call them!!!

#3 You hit her from behind, so yes you are at fault! You can get her estimates and pay it yourself or turn it in on your insurance and they will pay it for you. Your insurance may go up if you do this. If you have the money I'd pay it myself and keep the insurance out of it, unless she starts talking about medical bills, then just give it to your insurance. Just make sure she gets three estimates on the damage, so you know you aren't paying to much!

#4 I hope you didn't sign anything yet! If you pay this yourself, then get her to sign a statement releasing you from any further monies on her car or any medical bills resulting from this accident!

#5 Always, Always call the police for ANY accident!!!

Answer 5

If you felt it was just minor scratches, then you should have her turn it into her insurance. You hit the back of her car, without more specifics, it sounds like you rear-ended her. In most states that means you are at fault and responsible.

However, if you feel that the $900 is too much for the amount of damage you saw, let the insurance companies battle it out.

Answer 6

You should not sign anything unless your lawyer or insurance company says it's OK. You might offer to pay the $900 or whatever you think the damage was if you're so inclined, but you'd have to get some sort of assurance (again, written up by lawyer or other legal pro) that she won't turn around and file a claim against you anyway.

Answer 7

If you hit the back of her, you would be at fault. You should have made a police report, however she may have a hard time proving her case without one. Her insurance would not have gone up if she was not at fault. She may take you to small claims court if you avoid her, but you may be better off if you have any doubts in your mind regarding whether or not you were at fault, or the extent of her car damage. If you decided to settle this with her before a possible court date, ask to see copies of her estimates, then ask to take pictures of the damage, then get your own estimates and see if you can reach some common ground.

Answer 8

Depends. I believe that insurance companies need some legal proof that the wreck happened, which is why a police report is needed.

Does she have your insurance company and policy number, your driver's license number? Without this info, she can't place a claim against you. If she has this info, then she can place a claim against your insurance company.

Besides, you have the option to get different quotes to have the car fixed, if you were at fault. You don't have to accept just one quote of her choice.

Regardless, you should pay to have her car fix if you hit her.

Answer 9

DO NOT sign anything. If she chose not to report the accident to police, thats her loss. Hopefully since she asked that the ins companies not be notified, you did not give her any of your information. Sounds to me like SHE didnt even have any insurance! And the fact that you did not call the cops means nothing. Best thing to do is to ignore her calls altogether. If she DID have insurance, shed be filing a claim with YOUR ins company and they in turn, would go after hers. If it makes you feel any better, let your ins agent know what happened, tell them you are NOT filing a claim...only making them aware. Ignore her calls tho and let your agent take care of things. NEVER SIGN ANYTHING WHEN IT COMES TO AN ACCIDENT. You are not obligated to even talk to this girl. And if her call become a nusience, utilize the call trace option and have the phone company press charges for harrassment via communication...that brings jail time.

Answer 10

That is why you have insurance. The most you should have to pay is the deductible. Let your insurance company do the haggling. A police report is not required in most States for this amount of damage.