I was in a fender bender in a parking lot (private property) late at night against a big/built guy, we decided not to call the police and handle it between us. I was just going with the flow, didnt have my cell phone, and was intimidated. My car had no damage and his whole car is worth at max $1000 and had minor damage to his grill. I gave him my insurance, license, and tag information. All he gave me was his phone number and first name. After the accident, I have witnesses who say that we were backing up at the same time and stopped before I did. He is trying to claim that it's my fault and that I owe him for his estimate. I do not want to pay him because he has no proof of fault. Now, he is threatening with filing it on my insurance and making a small claim and taking me to court. (Oh yeah, his friend was driving his car and called him to the accident, so the owner/claim maker wasn't even there when it happened.)
2007-08-31 13:44:14 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Go talk to a officer and explain to him just what you explained here.
2007-08-31 13:50:50 · answer #1 · answered by Mustbe 6 · 1⤊ 0⤋
Turn it over to your insurance company. That's what they are there for.
The will do an investigation. This will include taking a statement from you and from him about what happened. Be sure to give them the witness information. They will also secure photos/estimates of the damage to both cars.
They will determine liability based on the facts of the accident and the laws of your state.
If you have notified your insurance company of the claim and the other driver sues you (even in small claims) your insurance company will hire an attorney to defend you.
Turn in the claims asap - I've had situations like this where the liability was disputed but the parking lot had cameras. The accident was caught on tape and that solved the whole who's fault is it. However, these tapes are used over and over and not usually saved beyond 7 days.
2007-08-31 14:08:31 · answer #2 · answered by Boots 7 · 0⤊ 0⤋
If the registered owner wasn't driving his own car at the time of the accident. The owner must have insurance that covers any individual driving his car. That means full coverage from theft,fire,uninsured motorist e.t.c.The reason the owner only gave you his first name and probably a fake phone# is he either doesn't have a valid license or proper insurance. This dude has nothing on you, go ahead and let him make a fool that he must be out of himself when he trys filing an insurance claim, let alone attempting taking you to small claims Court. He's the one they'll be putting in jail for bench warrents.
2007-08-31 14:40:24 · answer #3 · answered by David 3 · 0⤊ 0⤋
Your insurance would still cover you for the accident as long as it had not expired the day you HAD the actual accident. I would call in and report it to them. Most likely this will be a 50/50 accident from your description of it. It sounds like both of you thought you had the right of way so you both went at the same time and struck each other. I'm sure the other driver reported it to her insurance company in a WAY different fashion so they feel like it is your fault. The other insurance company would come after you for damages if they placed you 100% at fault for the accident, which since they only have one side of the story is what they are doing. This is why your insurance company should be involved as an advocate for you. If it is a 50/50 liability at least in my state then each insurance company would pay for half the damages of the other party, and generally your insurance wouldn't be subject to premium raises. In most cases your insurance is subject to premium increases if you are found 51% or more at fault. Without an insurance company to advocate for you its much more difficult to convince the other carrier that you aren't fully at fault for the loss, so call the insurance carrier you had on the day of the accident and report it to them.
2016-05-18 02:08:27 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Tell him to go ahead and make a claim, without a report he won't get anywhere. BUT...
you kind of put your head in a noose by giving all of your info and got pretty much NOTHING from him. He can file a hit and run report if he wanted to. Did you even get his plate number?
Go to the police and file a report. On private property the PD will not assign fault to either party. This will be up to the insurance claim investigators.
Remember: he who reports first is usually the plaintiff.
2007-08-31 13:56:43 · answer #5 · answered by Charlie Fingers 4 · 1⤊ 0⤋
Contact your insurance company ASAP. Tell them what you have told us. He will have to provide his information to the insurance company (and also his friend's information since he wasn't the one driving the vehicle). You will then have this information if you want to take him to court.
If you have all your witnesses' information (name, address, telephone number), tell this information to the insurance company. Also contact them ASAP to let them know that you may need them to testify if you are sued in small claims court.
Also, next time, get the police involved, especially when the person doesn't want to give you any information other than his phone number and first name. Most states, if you request the other information (insurance, etc.), then they must disclose it to you. And also, if they don't, then don't give him your information.
2007-08-31 13:56:43 · answer #6 · answered by Princess Leia 7 · 1⤊ 0⤋
no accident report no accident
he can call the insurance company all he wants he has no proof that there was an accident
as far as calling you insurance company with your info he could have stolen it out of your car for all they know the insurance company will only pay if they have an incident number (accident report number)take pics of your car if you have no damage can anyone prove you were in an accident NO chill out for a min but if he stop and you didn't you're at fault
2007-08-31 13:54:52 · answer #7 · answered by kool_n_sweett 1 · 0⤊ 1⤋
phone insurances they will sort it out and decided who's fault it was and is is his Friend insures to drive his car?
2007-08-31 13:52:30 · answer #8 · answered by l00bie 1 · 0⤊ 0⤋
The only thing ican say is he can do whatever he wants to now, because there was no report, he can say you did everything, it is his word against yours....
He can take you to court, and you can even take him to court.
But no matter if it was your or his fault, it is your word against his.
2007-08-31 13:50:39 · answer #9 · answered by rockgirlfury 3 · 0⤊ 0⤋
well find out his insurance companys name, he prob. dont have any. i would contact your insurance company, and tell them what happend, they cant do anything without a police report, this would make it, He said She said. If he cuntinues to harras you call police, Good luck
2007-08-31 13:59:42 · answer #10 · answered by mailbox_5 4 · 0⤊ 0⤋