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4410 messages, Last post on Nov 29, 2009 at 5:58 AM
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Replying to: kyats (Nov 23, 2008 5:37 am) Personally, when folks have offered to pay outside of insurance, I say "no thanks." Reason being if damages are more extensive than originally thought, what recourse would I have? And then there is that rental issue I mentioned. So its a big risk for the victim. Of course, I've never had minor damage in these cases. Cheapest was $2400. |
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Replying to: euphonium (Nov 22, 2008 10:08 pm) That's exactly what I was wondering...interesting. From a practical standpoint would it be wise to go after this guy for repairs on your car? I mean, someone who can't afford to insure his own car probably can't afford to pay to fix yours. Also, if the guy is just a bum who thinks he's too good to buy insurance he might be the type to take exception to someone who hits him trying to make him pay for damage he didn't cause. Messing with his license might provoke a violent response from such an individual.
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Replying to: kyats (Nov 23, 2008 5:37 am) I had the same thing happen to me a few years ago. While teaching my son to drive he stepped on the gas instead of the brake and hit a van owned by a convent. I went inside the place and offered to pay for their damages. They accepted, got an estimate and I paid. All was done with a handshake. In your situation your son hit an occupied vehicle and even though you say there were no injuries who is to say that when the other party has time to think about it they don't suddenly come down with some crippling injury. If that happens they have your agreement to pay for ALL damages. You could be looking at a much bigger payout. Also, there was police involvement. That means a public record which places your son at fault. If your insurance company should learn about this and you have withheld that information you could be looking at a rate increase even if you didn't make a claim. Not saying any of that would happen but it's something to consider. |
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Replying to: kyats (Nov 23, 2008 5:37 am) So it depends on the other person's damage, the type of car, and their expectations. Just as a ballpark, if you can get away under $1,500 on both cars without reporting anything, and given what they might do to your rates if a 17 year old is claimed against in an accident, then I'd try to work it out privately. Your son can always work off the damage he did with chores or whatever. Now's a great time to imprint that actions have consequences in the "adult" world. |
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Replying to: kyats (Nov 23, 2008 5:37 am) Minor fender benders when the adverse vehicle is vacant could be handled w/o the insurance company's involvement, but in this case, I'd turn it in. |
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Replying to: oldfarmer50 (Nov 23, 2008 7:22 am) 1: I rear-ended him 2: he has no insurance when the accident occured 3: and I don't think he cares about his license being revoke because he's counter-suing me for harssment and damages to his car... 4: WILL I WIN THE CASE in court....? ---so far i have 3 people telling me that i will win in court due to the fact that he's automatically at fault because he was an un-insured motorist...and its illegal in the state of california.....BUT there's a guy on a different forum telling me that I will lose because being insured or uninsured doesn't matter..,because I caused the accident...I rear-ended him....and 99% of rear-ended collusion..the guy that hits you will lose in court...in court being insured and uninsured isn't relevent...the fact of the matter that this accident happened .was because i was following too close pretty much tail-gating and thats how i hit him....seems like he's lawyer..but who knows...any how......so now i'm kinda frustrated.....does anyone know a good lawyer or is there anyone a laywer on this forum who could give me some advices...?....please anything will help...thanks a bunch |
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) First, he can't counter sue you unless you sue him first so I assume he is just threatening to c/s you because you probably said you would sue him. In his situation I think this is an empty threat to scare you off, else he would sue first. If he does sue you, well, your insurer will have to pay. That's what insurance is for. Then I am certain your insurer would sic the authorities on him. I would relate all of this to him and give him one more chance to pay up. You have nothing to lose. Of course I could be wrong. |
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Replying to: jimmydc2 (Nov 23, 2008 6:34 pm) I'd also tell him you're not paying for his damages. If he wants to take it public and sue you, then that's his option and he'll have to go in front of a judge admitting he's not insured. A judge will throw the book at him for that, so I seriously doubt he will pursue this. And he'll be dealing with your ins co, not you. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) I'm not a lawyer, but threatening to turn someone in, if they don't pay for an accident that wasn't their fault to begin with? That sounds like extortion.. |
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Replying to: mikefm58 (Nov 24, 2008 4:53 am) Just file a claim then to get your own car fixed under your comprehensive coverage and let your insurance company handle everything. They can figure out what they will or won't do for this guy. The court system is not about justice or fairness, get that out of your head. It's about maneuvers, in my opinion. For him to sue you is a very bad maneuver, and for you to personally go after him is a futile exercise IMO. Make a claim and forget about that deadbeat is my advice. Visiting Host
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