URGENT; Was in a fender bender and need advice NYS

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amother

Chocolate

Mon, May 20 2024, 8:12 pm

Make an insurance claim.
Don't fall for his sob story. That's his problem. Not yours.
And more than likely 95% of it isn't true.
He probably doesn't want a police report or claim because he has a record.
Give him a deadline. Say pay me by tomorrow or I am calling insurance. You'll see. He'll pay.
He's taking you for a ride and you're falling for it.

amother

Mon, May 20 2024, 8:51 pm

amother Bronze wrote:

Does he think the guy is in the mafia?

Lol actually many years ago a truck hit me and it was a mafia truck.

amother

Mon, May 20 2024, 9:18 pm

It gets better I didn't look at his license but he only had a learners permit. Not sure how the cop didn't notice.
I have a picture the cop gave me.

WhatFor

Mon, May 20 2024, 10:08 pm

amother OP wrote:

They are being very nice now but my husband is afraid of what they will do and told me to just take the $300 and move on.
The car is over 20 yrs old but in excellent condition. I could fix it for about $200 hundred dollars if I just punch out the bumper.
My question is is it worth going through getting a police report and filing a claim?
I think if he stopped I would feel better just taking the $300 but I had to chase him he wouldn't of stopped otherwise.

Do I need to go to his body shop or does he have to go to mine to pay?
Arent I allowed to just take the money and do what I want to?

There are two things going on here. His dishonesty and what the right thing for you to do is. You're entitled to recoup your actual loss. It's not on you to make sure he "pays" for anything outside of that, aside from notifying the police, which you did.

So what is your loss here? It's either the amount in value the car went down, if you don't want to fix it, or the amount it would cost you to restore it to approximately where it was before he hit it. I'm not sure how much in value your car went down from a fender bender given that the car itself is 20 years old. I'm guessing it's not like the fender bender knocked off a whole lot from the resale value.

But if you're looking to restore it, you just wrote here that you could restore it for 200 dollars. He offered to pay your mechanic directly but you don't want that, because you don't actually think it costs that much to restore it. You want to spend 200 and pocket the rest. If you can have it fixed for 200, do you really think it's yashar to demand 1500? Forget about what this guy "deserves". It's about who you want to be and what you think is right. I'm inclined to go with your DH on this. Not because I'd be "scared" of him, but because I don't think it's right to demand 7 times the amount that you think you lost over a fender bender.

amother

Candycane

Mon, May 20 2024, 10:10 pm

amother OP wrote:

I was in a fender accident. It was totally their fault. The taxi hit me and sped away but I followed him until he stopped.
He pleaded with me to not call the police because he was not suppose to be driving that car.
I went for an estimate and they quoted me full price which was $1500.
I told the guy that hit me and he wanted to know the place I took it to so he could go down first to pay directly but then they said it is too much and I should take it to their friend to fix.
It could be fixed but not perfect for less than the quote of course.
It an old car but in very good condition.
My question is if he doesn't want to go through insurance am I obligated to have him pay my body shop directly do I need to go to his place so they could do it?

Make. A. Claim.

amother

Jasmine

Mon, May 20 2024, 10:12 pm

I work in the car insurance industry and unfortunately the best thing to do in case of an accident is to take a picture of the car and the people that were inside the opposite car, call the police and make a police report and make a claim.
There is so much fraud. People saying there were other people in the car later on that weren't in the car, that the person who was not at fault was at fault. It's always better to protect yourself.

amother

Amethyst

Mon, May 20 2024, 10:55 pm

Call your insurance company, tell them you parked your car you found it like that. Forget about the taxi guy he probably really has no money.

amother

Mayflower

Mon, May 20 2024, 10:58 pm

amother OP wrote:

He doesn't think I will do the work and just pocket the money that is why he wants to either pay my body shop directly or use his guy who will just punch it out.

So my question is do I legally have to do the work if he pays?

Legally you make an insurance claim. He has no leg to stand on legally.

amother

Bluebonnet

Mon, May 20 2024, 11:05 pm

I had a similar issue. Make a claim, don't listen to him. It will be a much bigger headache for you if you don't make the claim.
Also now the shop is saying it's 1500 but once they start work, they will likely see there is more damage and the bill will go up.

amother

Amaryllis

Mon, May 20 2024, 11:22 pm

amother Amethyst wrote:

Call your insurance company, tell them you parked your car you found it like that. Forget about the taxi guy he probably really has no money.

That is insurance fraud and illegal. Do not make a false claim. Just give them the information

OP it sounds like you are driving yourself crazy for no reason. Just file the report and make the claim. If he wasn’t supposed to be driving, that’ll be on him. Actually more likely the owner of that medallion, because that’s a huge issue to have someone illegally driving a taxi and the cops should know that and be able to take care of it. You don’t owe this person anything, and on top of that he is clearly not an honest or decent person. He literally drove off, he should have stopped and begged you to not call the police that way. That isn’t a decent person.

Handle it the way it’s supposed to be handled. You bending rules for this guy is a bad idea and I think you are already regretting it

amother

Tue, May 21 2024, 10:16 am

amother Jasmine wrote:

My husband doesn't want to make a claim because he is afraid our insurance will go up and the damage is minor.
He says to take whatever money they will give.
But they want me to take it to their place so they could bump it out or the place I want to take it to they want to pay directly. Do they have a say?
Could I just say no I want them to pay me?

amother

Cappuccino

Tue, May 21 2024, 10:26 am

amother OP wrote:

Yes tell them you're willing not to make a claim if the give you xxxx amount

amother

Chambray

Tue, May 21 2024, 11:13 am

We once fell for this trick. The driver ended up getting away without paying a dime. Big mistake.

amother

Amaryllis

Tue, May 21 2024, 12:13 pm

amother OP wrote:

Tell him you need whatever amount in cash, otherwise you’ll just go the official route

You don’t need to explain yourself and you don’t need to be railroaded. I personally would only accept the money directly from him because there is a chance of getting screwed over otherwise. If you take it to either shop and afterwards he doesn’t make the payment, you are the one responsible for it and there’ll be nothing you can do. So yeah, tell him it’s cash or cops.

amother

Chicory

Tue, May 21 2024, 12:23 pm

They all say the same story.

You would make a claim. Out of the kindness of your heart you are allowing him to pay what your mechanic says the damages cost and not make a claim if he pays you before tomorrow 8am. If not you are making a claim.

It’s none of his business if you choose to buy ice cream with the money or choose to fix your car. He bumped it. He doesn’t want insurance knowing. He needs to pay you the amount it costs YOU if you would choose to fix it.

If you don’t want to be the bad guy tell him that your accountant told you that’s what you need to do.

shachachti

Tue, May 21 2024, 12:30 pm

amother OP wrote:

Lol actually many years ago a truck hit me and it was a mafia truck.

How do you know?
Did it have a sign- BEWARE MAFIA

vintagebknyc

Tue, May 21 2024, 12:37 pm

amother Chambray wrote:

We once fell for this trick. The driver ended up getting away without paying a dime. Big mistake.

Same thing, except he had the money to fix his own car. And when I went to his place to pickup mine they told me he hadn’t paid the final installment. They would not give me the car.

Why are you putting yourself in the position to have something diabolical happen to you? This is what car insurance is for.

amother

Buttercup

Tue, May 21 2024, 3:45 pm

If you don't report an accident to your insurance within 24 hours, they might not cover it at all. And then your insurance rates could go up becuase you had an accident, and you would need a police report to prove you were not at fault to avoid the rate hikes – which OP does not have.

amother

Ginger

Tue, May 21 2024, 6:24 pm

If it was his fault, then it will be his insurance to pay for it, wont affect yours at all. If its a licensed taxi, then they for sure have insurance.
If you want to be nice about it, have him pay you in cash the full amount of the quote you got. You don't have to do the work or have it done by that place either. If he wont agree to that, then file a claim and it will go to his insurance company and on his record.

amother

Brunette

Tue, May 21 2024, 6:31 pm

Rav Forcheimer,a posek in Lakewood (I'm also sure its him if not, one of the other poskim) says that even if you have a very frum erlich yid in front of you who tells you he will pay you back, unless they pay you cash on the spot, you must make a police report so you're able to file a claim with your insurance.

OP I'm worried that if you wait too long ,you won't have the money at all and insurance will not cover!!!

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