Car accident, NOT MY FAULT, other driver had no insurance & now doesn't want to pay me directly, WHAT DO I DO?

Question

WAS IN AN ACCIDENT(HIT FROM BEHIND AT STOP LIGHT)3 WEEKS AGO. I WAS ON THE PHONE W/THE 911OPERATOR WHEN THE OTHER DRIVER AT FAULT SAID SHE WAS GETTING OUT HER INSURANCE PAPERS. AFTER I HUNG UP SHE CONFESSED SHE DIDN'T HAVE INSURANCE & ASK ME ME NOT TO CALL THE POLICE BECAUSE SHE DIDN'T WANT TO GET HER CAR TAKEN. SHE'S A SINGLE MOTHER OF 2 & 1 ON THE WAY. SHE SAID SHE WOULD PAY ME FOR THE DAMAGES. NOW AFTER I HAVE GOTTEN HER 2 ESTIMATE SHE NOW IS SAYING SHE'S NOT GOING TO PAY ME DIRECTLY, SHE WANTS ME TO TAKE MY CAR IN & HER PAY THE SHOP. HOWEVER I TOLD HER I'M NOT GOING TO PUT MY CAR IN ANY SHOP & TRUST THAT SOMEONE WHO DOESN'T EVEN HAVE INSURANCE IS GOING TO GO PAY FOR MY CAR TO GET OUT. I ALSO ASKED HER WHAT ABOUT THE TIME I DON'T HAVE A CAR, I NEED A RENTAL. I'M ALSO A SINGLE MOTHER. SHOULD I JUST CONTACT MY INSURANCE COMPANY (WILL i GET IN TROUBLE FOR NOT REPORTING SOONER)& LET THEM HANDLE IT AS WELL MAKE A REPORT WITH THE POLICE? OR SHOULD I JUST TAKE HER TO COURT? WHAT DO I DO?

Answer 1

I am so sorry this happened to you. You are sweet to try to let her pay, but it's time to stop messing around with her out of pity and call your insurance company. Assuming you have full coverage, or uninsured motorist property damage it will be so much easier for you to deal with them. And, no, you are certainly not going to be in trouble for using the services you pay them for.
-You are entitled to the use of the body shop of your choice. She has no right to tell you to take your car anywhere to save her a buck.
-You are entitled to a reasonable rental of a car of similar size and quality to your own for the days your vehicle is being repaired.
-The unfortunate thing is you'll initially have to pay your collision deductible, unless you have umpd in a state that allows a reduction of costs for this type of situation. When you call your insurance company, ask if you've purchased such a policy.
-There is no guarantee when you pony up the deductible that your company can get it back for you. They will do their best, but if you can't part with the money right now file the claim anyway. As long as they pay out, they can go after her. If you want to you can file a small claims court suit against her for your deductible and anything else your insurance doesn't cover.
-You could file a police report, but it might not help since they didn't get to see what happened. They might not let you file one, but that's still ok.
----I am so tired of the "poor me, I'm a single mom blah blah" excuse for not carrying insurance. You're in the same boat and you managed to take care of business. I wish you the best of luck, and don't worry.
--I can talk to you about this more if you want to message me.

Answer 2

I recommend that you try this internet site where onel can compare quotes from different companies: http://cheap-insure.info/index.html?src=2YAdul5eKus5

RE :Car accident, NOT MY FAULT, other driver had no insurance & now doesn't want to pay me directly, WHAT DO I DO?
WAS IN AN ACCIDENT(HIT FROM BEHIND AT STOP LIGHT)3 WEEKS AGO. I WAS ON THE PHONE W/THE 911OPERATOR WHEN THE OTHER DRIVER AT FAULT SAID SHE WAS GETTING OUT HER INSURANCE PAPERS. AFTER I HUNG UP SHE CONFESSED SHE DIDN'T HAVE INSURANCE & ASK ME ME NOT TO CALL THE POLICE BECAUSE SHE DIDN'T WANT TO GET HER CAR TAKEN. SHE'S A SINGLE MOTHER OF 2 & 1 ON THE WAY. SHE SAID SHE WOULD PAY ME FOR THE DAMAGES. NOW AFTER I HAVE GOTTEN HER 2 ESTIMATE SHE NOW IS SAYING SHE'S NOT GOING TO PAY ME DIRECTLY, SHE WANTS ME TO TAKE MY CAR IN & HER PAY THE SHOP. HOWEVER I TOLD HER I'M NOT GOING TO PUT MY CAR IN ANY SHOP & TRUST THAT SOMEONE WHO DOESN'T EVEN HAVE INSURANCE IS GOING TO GO PAY FOR MY CAR TO GET OUT. I ALSO ASKED HER WHAT ABOUT THE TIME I DON'T HAVE A CAR, I NEED A RENTAL. I'M ALSO A SINGLE MOTHER. SHOULD I JUST CONTACT MY INSURANCE COMPANY (WILL i GET IN TROUBLE FOR NOT REPORTING SOONER)& LET THEM HANDLE IT AS WELL MAKE A REPORT WITH THE POLICE? OR SHOULD I JUST TAKE HER TO COURT? WHAT DO I DO?
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Answer 3

You won't get in trouble for not reporting the accident but it will not make a difference now. The police have no way of knowing who was at fault once the scene has been left. If you have full coverage, collision, on your car, put a claim into your insurance company. It will not affect your premiums since you were not cited. They will pay for your repairs, less the deductible, and will go after the other driver to recover their payout as well as your deductible. If you don't have full coverage, your only option is to take her to small claims court. But you then need to ask yourself if it's worth your time or not. Winning in court is one thing, collecting on a judgment in your favor is another.

Answer 4

You should have called the police in the first place, regardless what situation the other driver was in. Call me harsh, but it is illegal and irresponsible to drive without insurance so I really wouldn't have cared that she was a mother of 2 with another on the way. Without a report written up from the scene, there's really no way your insurance agent is going to be able to reimburse you for the total of the damages. All you have now is a he said she said story. I would suggest calling your insurance agent and explaining the situation. He/she will cut you a check for the estimated damages minus the deductible. You'll just have to deal with paying that deductible and knowing that you're not going to get any kind of reimbursement for it.

Answer 5

Since you have the other party's name and phone number, it's not too late to make a claim with your car insurance. The stickler will be that the other party could deny that she was even involved in an accident and/or refuse further contact--the "catch-me-if-you-can" game This same scenario happened to us a few years back. We vowed that if we were ever in another car accident (no matter how minor) we would call the police for them to access the situation, issue a ticket to the guilty party, and provide a police report number for insurance purposes.

Answer 6

If you have insurance, call and see if they'll cover it. They may not because you waited so long. Your insurance (if it pays) will then chase the broad who hit you. Why didn't you call the police back if she didn't have insurance? That's illegal in almost all states. Call the police now.
You can sue her all you want but if she's dumb and irresponsible enough to drive without insurance you'll never collect from her-making it a waste of time.

Answer 7

http://www.carinsurance.com/kb/content10327.aspx
It’s best to prepare in advance and become familiar with the laws and reporting requirements of the state in which you drive regularly. Some states require that you report accidents to the local Department of Motor Vehicle (DMV). Be sure to have an accident packet in your car. It should contain a pen, paper and accident report forms. Most Accident Report Forms are available online from your state DMV and most car insurance companies will also provide these forms.
When a car accident occurs do the following:
1. Remain calm and stop the car;

2. Shut off the engine and put parking brakes on;

3. Assist the injured. Call the police and EMT if anyone is injured or the vehicle is disabled;
4. Clear persons from the area if you smell gas or the car is on fire and call the fire department;

5. In a minor accident of property damage only, put hazard lights on and drive vehicles to the side or off the road to a safe location. Most police departments encourage parties to resolve minor fender bender situations without their help but will respond if the accident is on a public road;

6. Set up flares or reflective triangles in the rear and to the side of the car accident;

7. Exchange driver and car insurance information;

8. Get the names of the persons in the cars and potential witnesses’ name and address as soon as possible;

9. If an officer is called, and an accident report is written, ask when and where you can obtain a copy. Your car insurance company will ask to see a copy.

10. Contact your insurance company.

11. Possibly contact an attorney or lawyer.


Your car insurance company will need you to collect the following information at the scene:
1. Car information of the other parties;
Year, make, model and license plate number of the other car.

2. Driver information;
Name, address, phone number, driver’s date of birth, driver license number and state issued.

3. Vehicle owner information (if different from the driver);
Name, address, phone number of the vehicle owner. If the driver is not the owner of the car, be sure to obtain the car insurance information of the vehicle involved in the accident and not the driver’s own car.

4. Car Insurance information;
Car insurance company, insurance policy holder’s name, car insurance policy number, expiration date, and car insurance company address. If the other driver is uninsured, get as much information as you can and call the police for further instructions.

5. Witnesses;
Name, address, phone number.

6. Attending police officer’s name & business card;

7. Photos of the car accident if you have a camera at hand;

8. As soon as you can, write down details such as: time of the accident, weather conditions, visibility conditions, pavement conditions, sky lighting conditions, color of traffic lights, signs on the streets, approximate speed of the vehicles and sequence of events. Draw a sketch of the street and note the direction each person was driving as soon as you can. Write down description of the collective damage and each car’s damage, bodily injuries and property damage.


What NOT to do in a car accident:
Car insurance companies suggest that you do not talk about who is a fault with the other driver. Also do not admit fault or apologize.
You may give the officer an account of the circumstances and the accident but preferably not in the presence of other persons. No one may force you to give details of the accident or admit blame and you have the right to see your attorney before making any statements. If the accident is serious, consult your attorney as soon as possible.

Answer 8

that's a f'ed up situation...i would have said try to have some compasion for the mother, but hey - you are a mother as well. you could see exactly what she is willing to do, maybe she will let you pick the company that will repair your car, and see if she can get you a rental. i figure she probably can't afford this since she didn't even hair insurance to began with. wow, how bad is the damage? maybe this is a time where you have to see beyond yourself and determine if she is genuine enough for you to let this thing go. but if not, you would have to take her to court - it would be the last resort. think about what you should do, this is a really sticky situation.

Answer 9

If you have good insurance, your insurance pays for it and then, takes the payment from either the insurance of the other person, or sues them to recover the costs, if they are not insured. They will typically not give you a check, since the money is for you to fix your car, not drive it around looking like a wreck and making money from accidents.

Answer 10

WOW ok you should always call the police, the thing is this person my be driving "off the record" and if you called the cops you might have sent her away or she was just trying to not get any more points off her license and lied to you about it. Did you get her number and address I hope. You should always report a car accident. They are hard to deal with but unless some one pays you cash out front always call the cops.