question about car accident investigation?

Question

long story short my hubby got in a small fender bender with a big a*s truck and my car is very small. I did not have insurance on it at the time and now the other persons insurance company is comin to me for payment. I've emailed the pictures of both vehicles to the kids agent to show to her that there was only damage to my taillight but never heard back so now I am mailing the pictures to her. What I want to know is if I request a investigation to be done ( because I know the other party is trying to get my to pay for damage that doesn't exist or he didn't do) do I have to pay for it? Also there wasn't a police report filed so doesn't that mean they cannot file a claim with their insurance company? The accident happened in Iowa and the other driver lives there too.

Thanks for all your help ahead of time.

I was there when it happened, he was backing out of a parking spot. I asked our insurance about it and they said they cannot help us or give us any advice. I did get a estimate and it made me laugh because they want me to pay $940 some odd worth of damages ranging from a paint job and some sort of a sheet replacement to mud guards. how do i deny it? when i called up the kids agent i told her that there was only damage to my taillight and i had pictures to prove it(which i emailed to her) and then i heard nothing from then on, now i get a paper in the mail asking for the his version of the accident and that they want me to pay or they are taking me to court.

Answer 1

Ask them for a statement of the claimed damages. That will tell what their game is. If it's more than a small car with minimal damage can do, deny that it's your damage and they'll have to take you to court. Then they will have to show how a small car with minimal damage can do so much damage to a much larger truck (burden of proof is on their shoulders).

Answer 2

If the truck's insurance company is coming after you for payment - that means that they have investigated and determined you owe them re-payment for what they had to pay to their policyholder for the damage to his vehicle. With out an insurance policy of your own - that was in force at the time of the loss - there is not much you can do.

However, you can call the truck's insurance company and set up a payment plan with them. Most companies are willing to take 50-100 per month until the debt is paid (interest free). As long as you make your payments on time- they will not take additional action against you. In some states, the insurance company can have your drivers licensed revoked, sue you or turn you over to collections. So I would not ignore them and just assume they are going away.

Or if you do not have 940 but can offer to pay a lump sum (say 750) - they may be willing to accept 750 and call it even.
Sometimes companies are willing to accept a little less in exchange for a lump sum payment.

Your current insurance company can not help you now - you did not have insurance with them on the date of the loss. Therefore, they have no legal standing to get involved. They don't have a dog in that fight.

** not intended to be taken as legal advice**

Answer 3

Well, first of all, does your husband have insurance. If so, he should report it to his insurance since he was the driver.

Second, yes you pay for any investigation. If you had insurance, they would pay for everything.

Third, just because no police report was done, it doesn't mean the other party can't seek damages from the driver, and from you (for negligent entrustment).

I assume you weren't there, and you are relying on your hubbie's description of what happened. But he may be underplaying the scenario.

You seem also to indicate you live in a different state from Iowa. Yes, the other driver can haul you into the courts of Iowa and make you show up to defend yourself.

Sorry.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

SOMETIMES YOUR INSURANCE THAT YOU HAVE NOW WILL DO THIS FOR YOU AS PART OF WHAT IS CALLED "GOODWILL" AND THERE IS NO CHARGE FOR THIS.

THE REASON THAT THEY DO THIS IS VERY SIMPLE, THEY WILL LOOK GOOD IF IN FACT THEY CAN PROVE THAT THE OTHER PERSON AND OR THE OTHER INSURANCE COMPANY ARE TRYING TO COMMIT FRAUD.

I WOULD JUST ASK THEM AND SEE WHAT THEY SAY AND IF WORST COMES TO WORST YOU CAN ALWAYS CONTACT THE BOARD OF INSURANCE IN YOUR STATE AND SPEAK WITH THEM.

GOOD LUCK