I just want to pay out-of-pocket

[Lawland01]

Im in California

Does he have the right to go through my insurance even though I offered to pay for his damages myself?

I damaged another unoccupied vehicle while parking in a designated parking area on private property. It was no doubt my fault. I want to pay for the accident damage out of pocket. The owner of the vehicle I damaged does not want to take my money, and would rather go through my auto insurance company instead. I don't want to go through insurance because my rate will increase. After all attempts to plea with him to take my check as opposed to the insurance has failed.

Your legal advise is much appreciated.

 

[ProResearch]

Actually, I personally would insist on going through another's insurance company. I also would call the police and get a report filed. I also would contact *my* insurance company to let them know what's going on.

I *never* (well, 99.9% of the time) would let it go between just me and the other driver, even if the other driver wants to do it that way. Sorry, but too many people have been burned that way, even if you personally are on the so-called up and up...

I don't believe you have any legal recourse whatsoever -- they are doing what is the right way to make a claim after an "accident." Anything else would be a courtesy to you, and as I said above, I personally would not do that 99.9% of the time -- if that ever happened to me.

 

[I AM ALWAYS LIABLE]

Im in California

Does he have the right to go through my insurance even though I offered to pay for his damages myself?

I damaged another unoccupied vehicle while parking in a designated parking area on private property. It was no doubt my fault. I want to pay for the accident damage out of pocket. The owner of the vehicle I damaged does not want to take my money, and would rather go through my auto insurance company instead. I don't want to go through insurance because my rate will increase. After all attempts to plea with him to take my check as opposed to the insurance has failed.

Your legal advise is much appreciated.

==========================================


My response:

As much as it might hurt, when you applied for your driver's license in California, you agreed to obey all traffic laws and the entire Vehicle Code.

The following is the controlling law - -

California Vehicle Code section 16025.

(a) Every driver involved in the accident shall, unless
rendered incapable, exchange with any other driver or property owner involved in the accident and present at the scene, all of the
following information:

(1) Driver's name and current residence address, driver's license
number, vehicle identification number, and current residence address of registered owner.

(2) Evidence of financial responsibility, as specified in Section
16020. If the financial responsibility of a person is a form of
insurance, then that person shall supply the name and address of the insurance company and the number of the insurance policy.

(b) Any person failing to comply with all of the requirements of
this section is guilty of an infraction punishable by a fine not to
exceed two hundred fifty dollars ($250).

IAAL

 

[Lawland01]

The advice I have gotten so far has been less then helpful. The response from I AM ALWAYS LIABLE doesn't even answer my question even a little bit. The other guy has my insurance information, but want me to report it. He's thinking about taking my money but he doesn't feel like that is the best option to him.

 

[racer72]

If he has your insurance information, why doesn't he call?

 

[Lawland01]

Why the dumb question? How is that going to help you answer my question wanna be racer dude. "Racers kill"

 

[racer72]

Why is this a dumb question? It has already been pointed out that this person has the legal right to make a claim through your insurance. You also state the guy has your insurance information. And being as the other person has not posted on this board to ask the question, why not you? The only dumb questions are those that are not asked. I shall not reply to this post anymore.

Oh, and to your ignorant "wanna be racer" comment, I come by my nickname because I earned it. I competed in stock car and sport car racing in the Northwest for many years. I have competed with a NASCAR touring series, attempted to qualify for a NASCAR Craftsman Truck series event, and have competed with the SCCA in recent years. I am currently a member of a local auto racing touring series as a director and assist with the contracts we have with the regional race tracks.

Neener, neener, neener................

 

[Lawland01]

The legal question has not been answered.

To RACER72, I appoligize for jumping to conclusions about your screen name. I assumed you were one of those rice rocket street racing family car owners.

 

[stephenk]

There is no legal holding that can prevent the other driver from making a claim with your insurance company. Once your carrier is contacted, your carrier will call you requesting you provide your version of the incident. That will be about the extent of your participation.

Your insurance carrier will ask the other driver to look at the car and will prepare an estimate. Your carrier will either work out an agreed upon price with the other driver's mechanic to fix the car or just cut a check to the other driver. In exchange for the check, your carrier will get a signed release from the other driver that will prevent him from making any further property damage claims against you for this incident.

Depending on the amount of damage to the other car, your rates may go up.

A major reason the other driver may want to go through your carrier is that the work will be guaranteed by your carrier if the other driver decides to let your carrier fix his car. Can you make the same guarantee?