The liable party wants to pay out of pocket, there's a bump in the front left metal fender and the headlight came loose. Not sure about structural damage yet.

I'm new to insurance claims, so once I heard over the phone I immediately filed a claim with my insurance company and a claim against her insurance policy. I don't have collision on mine. My wife did not get a police report, but the liable party has admitted fault in person and through email.

Suggestions? Sucks to have your car lose value for being repainted. On the other hand, it has some older bumps that could do with some body work, any way to work in those? Agree to do it out of pocket if they pay for another bump if you can go back on a claim? And If you can't, how do I make the best out of the situation?

 

Sideswiped and no police report? How did that happen?

Was it on private property? No one called the police? Why?

Without a police report you have no proof that the accident happened or who was at fault. It really comes down to your word against theirs. Good luck if they decide that it didn't happen the away you said it did.

If the other party wants to pay "out of pocket" it usually means that they don't want their insurance company or the police to know about the accident.

Or it means they don't have insurance, or something is improper with their registration or license, or there were drugs/alcohol
involved.

Or they were somewhere that they shouldn't have been.

Shady business.

I doubt this is going to turn out well for you, but I hope I am wrong.
Vector

 

Vector is absolutely correct.

Unless the other party is willing to give you $10k cash to hold until everything is resolved you are at a significant disadvantage at the moment.

No report? Everything WILL change.

Witnesses?

 

No need for concern over lack of police report. In California you can just phone it in within a couple of days for a minor accident that yours appears to be. I don't know where you are, the mobile web doesn't easily show those details, but check it out online, or just make a call.

I had someone try to settle outside once, but I agree with Vector that it is only to the benefit of the responsible party. I'd go forward with the claim, let insurance handle it. It's what we pay them for. Just my 2 cents.

Steve

 

Man you guys in Cali are so laid back, lol!

"Just phone it in, baby, phone it in!"

Vector

 

From the CA DMV site:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

• There was property damage of more than $750 or
• Anyone was injured (no matter how minor) or
• Anyone was killed.

Under California Vehicle Code section 16004 (a) each driver must submit a Traffic Accident Report to DMV within 10 days. The accident report is required whether or not you were at fault or if the accident occurred on private property.

You can read the California Driver Handbook "Reporting The Accident To DMV." for additional information.
Information you will need to complete this form:

• Date of the accident
• Time of the accident
• Location of the accident

Following is information needed for both parties

• Name of driver
• Driver license number
• Vehicle information (year, make, plate number or VIN)
• Insurance information (located on insurance card)
  • Company name (not the agent or broker)
  • Policy number
  • Policy Period
  • Policy holder

Information needed for injury/death or property damage

• Name and address
• Property damaged (mailbox, fence, livestock, etc.)

 

I support the recommendation to deal with the other driver only through your insurance company. Anything else will leave you at a significant disadvantage.

I am in a similar situation. My flatmate (roommate?) scraped the rear of mine in our driveway recently as he backed out (Rear panel and bumper). I have sufficient other scratches and dings to be considering a total repaint and using his insurance payment to cover a small proportion of the total cost.

 

Vector,

The other party has admitted fault by email, so that's not a problem. Their insurance also checks out. But I will file a report as recommended, does "property damage" include vehicle damage? I assume yes?. My wife would not call the police even though I told her to, what can you do? I did not know her exact location. Here's what I've found upon a brief inspection:

* Back part of the headlight needs replacement - the bit that allows you to screw it into the chassis on top has broken off. (New back part).

* The door is scratched and bumped and the hinge seems to be damaged. (New hinge and door shell would be ideal).

* Bumper is missing paint and the gash i repaired before has broken up. (Bumper gash repair).

* Front left metal body panel has two dings and is missing paint. (Replace panel or do body work).

So, door needs work, headlight, bumper, front left metal body panel - I don't think they'd want to pay this out of pocket. Now, what body shops should I go to?

 

Well, at least she has insurance. There's something to be said for that





So, you have to rely on either the other party paying or her inusrance paying.



I agree with the others who say to simply go thru with a claim agasinst her insurance and be done with it. Dealing with insurance claims can sometimes be aggravating but, at the end of the day, you're better protected than you'd be in a private arrangement with a stranger.

However, if you *really* don't want to go that way then there's only one way I would proceed, personally. 1) Select a repair shop you like 2) get the estimate for repairs 3) have the other party pay the full amount to the shop. Cash. 4) Then have the car repaired.

Hopefully no "previously unseen" damage will turn up that sours the entire arrangement.

Do this quickly. The longer you wait the worse it may get.

I'll bet a dollar to a donut that once the other party sees how much it actually costs for body and paint repairs they will retract their offer and tell you to go ahead with the claim against her insurance policy.

Cheers
DD

 

If the other party's insurance has accepted liability you are welcome to take your car to any shop of your choice - that's the law. Which insurance are you dealing with?

The insurance company will try to steer you towards their Direct Repair Program (DRP) shop. The only benefit there is that the insurance company will guarantee repairs as long as you own the car. The downside is that they will use cost effective method for repairs meaning use of aftermarket and used parts wherever possible.

I would select a qualified shop, you can find one by calling your local Jag dealer and see who they recommend. Also, as a claimant you are entitled for upto 30 days of rental. Broken headlight would qualify the car as not safely operable so you can technically take your car in right away. Good luck.

P.s. not sure how it works in your neck of the woods, but in LA the cops usually don't come out unless there's a serious injury or a multi car collision impeding traffic. So even if your wife called the cops, chances are they wouldn't show up anyway.

 

The other party is responsible. Go through the insurance procedure. You'll get satisfaction.

That is what insurance is FOR.

Good luck!

 

I agree with all of this.

 

Final thing, is calling the police now necessary? We have already established who's at fault.

"Every vehicle collision reported to the DMV by law enforcement will show on your driving record unless the reporting officer says another person was at fault. Unless there is a corresponding law enforcement report on file that indicates another person was at fault, every vehicle collision reported by you or another party in the collision will also show on your driver record if:" https://www.dmv.ca.gov/pubs/brochure...cts/ffdl16.htm

So, If I get the police report, my wife will not get it on her record, if I don't and only file a traffic accident report, both drivers will get it on their records, correct?

 

Since you addressed this question to me, I am going to be kind by saying that an email admission, while it seems good at first, has little to no value in a legal sense of responsibility for accident damage.

I could send you an email and admit to and promise all kinds of things, but you won't be able to make me do anything legally.

A police report, a signed affidavit, witnesses, and photos carry a lot more legal weight than an "email confession."

I think what we all are trying to tell you this that, due to inexperience with these kinds of things, you are being naive about your position in this matter.

Those of us who have some experience with these type of occurrences know that stories change, promises get broken and money doesn't always get paid when and where it is supposed to go. That is the truth of this situation.

You asked for advice, here it is. Resolve this as best you can and in the future, use the tools that have been put in place to protect you from loss in a situation like this.

I understand that you don't have to file a police report in California, but that system seems to make the circumstances of the accident open to dispute, especially 10 days later, as the law allows. I would not be comfortable risking thousands of dollars in accident damage on this system of reporting.

Good luck and please let us know why the other driver doesn't want to let the authorities know about this accident. That is the real question here.
Vector

 

That's how I interpret things, yes.

Cheers
DD

 

Almost certainly the other driver doesn't want to risk an insurance rate increase...which is quite possible. It's been 19 years since I left California but I recall insurance rates being sky-high even with a perfect record.

If the other driver's record is already very poor there's a risk of policy cancellation or loss of driving privileges.

In deciding the rates we pay some insurance companies don't look at who was at fault. They only look to see if you have any accidents on your record.

Thus, nobody wants a black marks on their driving record. Even Jagosaurus seems a wee bit concerned about this, if we look back a couple postings .





Well, it's a question all right, but I don't know if it's the real question.

The other driver *does* have insurance and *did* provide the information...so interest in skirting the law doesn't seem all that high.

Aside: As far as police reports go I might add that insurance companies are not obligated to agree with the findings of the report.

I personally know of two cases (one involving my daughter) where other driver was at fault, admitted as much, and even cited by police...but the insurance company still tried to assign blame to the not-at-fault driver. Very frustrating.

Cheers
DD

 

As many have already recommended, protect yourself by filing a claim with the guilty party's insurance company. You cannot trust the general public in this instance regardless of what has been said, e-mailed, or promised to you. If you allow the other party to keep this accident "off the books", you will deeply regret that decision eventually....

 

"Risk and insurance" in the same breath? Don't we purchase insurance to mitigate our own risk? Now we have to worry about "risking" a rate increase.

You know, we buy insurance to protect us in case of an accident, but the insurance companies have us all "trained" to fear filing a claim. Works well for them.

Kind of like being afraid to go to the doctor because you fear your health insurance rates will go up.....oh yea, that happens too.

Or being afraid to have a function at your home because of a perceived liability issue and then your homeowners insurance will go up.....oh, wow, that happens too!

Just make sure you buy government mandated insurance, pay the premiums every month and then never, ever use it. Sounds like a great profit plan for the insurance companies.

We have all been trained to this way of thinking over the years.

Claims fraud has helped this situation immensely.
Vector

 

Indeed we do. Well, most of us. Some don't purchase it at all; others purely out of legal obligation.



"Now"?

It's been that way for as long as I can remember.

Some clever insurance companies now advertise "accident forgiveness"....where they won't hammer you with a rate increase if you have an accident.




Indeed they do and indeed it does




All true.

I could spend a few hours on this subject but, having some sense of mercy towards others, will refrain




Hoo boy! You're pressing all my hot buttons!

Cheers
DD

 

Sounds like you really f'd the pooch on this one bud. Everyone else is dancing around it a little bit, but you screwed yourself.