URGENT: Legal to NOT file claim for car accident?

amother

Violet

Fri, May 27 2016, 12:56 pm

I was in a minor car accident yesterday -- I backed into someone else's care as I was pulling out of a spot in a parking lot and she was driving behind me.

No one was hurt. Her car door got some scuff and dents in it but worked fine. My bumper got bent and scuffed.

Here's my question:
For some reason I was under the impression that though people commonly say, "oh, just tell me how much the damage cost to fix and I'll pay you directly rather than have my insurance pay for it but increase my premiums" that's actually illegal?

And googling the question is only making things more confusing, since most FAQs about this are either by lawyers or by insurance companies.

And filing a police report? From googling it looks like that's only necessary if it's $1,000 worth of damage or someone got hurt. So I didn't bother?

My husband wants me to pay her off, but she already called me to let me know that her insurance company will only pay for it if she files a police report within 24 hours.

I just "yes, uh-huh" through every conversation. She's a frum lady, I don't know if I'm missing any general knowledge but she seems nice and I want her to get her car fixed?

I don't know how to do this thing where you do the right thing without being taken advantage of or doing something illegal??

Does anybody actually have an answer???????

Amarante

Fri, May 27 2016, 1:06 pm

It's certainly legal not to go through your insurance company and everyone I know does it for minor fender benders. Generally the person gets an estimate for the damages and then the party at fault pays for it. Most people do it quickly since if the amount is too high, some people might just opt to let insurance handle.

I don't understand what her issue is as there is no need to get insurance company involved unless she thinks you wouldn't pay.

If she is willing to trust you that you will pay, it is far better for both of you to leave both insurance companies out of it.

She doesn't even have to fix the car - many people with older cars don't bother to get cosmetic work done but just take the money that it would have cost to fix. That of course is their prerogative.

I once rolled into a crazy person in my company's parking lot who was driving a beat up 13 year old Ford Fiesta that was full of dents and scrapes. I dented his fender and I offered to pay him what it would cost to fix it but he didn't accept it. The amount I was offering him was almost the book value of the darn car :-) but he obviously had a screw loose and he wouldn't take it - I think I offered him about $700 and this was about 10 years ago. Eventually he sued me in small claims court and I had to pay a "reasonable" estimate for the damages which was the amount basically I had offered him.

Anyway, call her back and tell her you are more than willing to pay her what it will cost to fix the car if she gives you an estimate from a body shop.

tichellady

Fri, May 27 2016, 1:59 pm

Legal! I have never used insurance for accidents ( thank Gd I never had any big accidents). My car window was recently broken by someone and my insurance advised me to just take care of it myself since my deductible is $1000 and I could get it fixed for $200 by a local guy.

SRS

Fri, May 27 2016, 2:02 pm

This seems straightforward to me.
She called her insurance company to ask if they would cover the damage and her insurance company said only with a police report.
If you called your insurance company and told them of an at-fault accident with her and had her info, the insurance companies would work it it between them.
It seems that she is trying to make sure that the damage is covered and she is covering her bases least you not pay enough (or underestimate the actual cost and back out once you find out that what you think is $500 of damage is actually $800 in damage).

Yes, you can operate outside of insurance if you have a trust relationship. I think the challenge is to establish that trust. She needs to take the car for an estimate and present you with the bill. You need to present her with a check for that amount.

MagentaYenta

Sun, May 29 2016, 3:31 am

Each state regulates insurance differently. In my state there is nothing illegal about not filing a claim and settling up outside of insurance carriers if the damage is below a certain limit. But in my state it is legal for my policy holder to ask if I had any accidents the prior year I must disclose. Do you know where your states insurance commissioner stands on this? My state requires that this mandate be disclosed in my policy. It certainly isn't cut and dried. I've live in other states where this is also the case but doesn't have to be disclosed in the policy.