Insurance Fraud

[rebecca]

What is the name of your state? Illinois

Go ahead with your question.

So far...So good!!

[rebecca]

I've tried writing several times, but the site hasn't let me post.....don't know why. Anyway, I was involved in a car accident about 1 month ago. It was my fault, very first accident, and stupidly the first time I'd ever driven uninsured. No police report was filed by the officer because it wasn't his jursidiction, and the other police never showed up. Also, the other driver did not want to file a report. At the scene, the officer told me it was because she did not have insurance, nor a driver's license. About 2 weeks later I learn from him that she is covered with her mother's policy, and does have a license, except was driving on a speeding ticket of which she failed to attend the court date for. He also said that one of my options to pay her would be buying insurance now, then report the accident, followed by filing the claim. I called the girl, and told her about the idea, she was delighted. Feeling desperate, I went ahead, and bought insurance, but a week later had second thoughts.....thankfully......after some research found it to truly be insurance fraud, and could have faced jail time with some hefty fines (something the cop never mentioned) I call the girl Monday to tell her this, and that I am, however, prepared to offer her $1000 (by the way, my car was damaged too, and I'm riding the bus everywhere, yet she never thought to call her insurance company to file because I was uninsured?? and I'm supposed to pay for all her damages???) Anyway, she's not satisfied by my offer claiming her car cost her $2500. Now, I'm thinking I should not pay her anything. I think she's trying to take advantage of me because I felt so bad, and am being so nice. Am I even obligated to pay her. I was misinformed from the beginning. If I knew the correct information at the time, I would have been glad to do things the right way, and file a police report. I am willing to owe up to my responsibilities, yet I will not get totally taken advantage of. Any advice would be greatly appreciated. Thank you.

[Betty]

You indicate she does have coverage under her mom's policy. I wonder if the policy has uninsured motorist coverage to pay her expenses when the other person doesn't have ins.

[stephenk]

When it comes right down to it, you are responsible for the damage you caused. have her present you with the repair estimate, negotiate a deal, reduce it to writing where agrees to release you from all claims from the accident in exchange for $$.

[rebecca]

By law in Illinois, every insurance policy is required to cover for uninsured motorists, so I wonder why she did not at least call her insurance company to find out what she could do. I've never seen any evidence that she does have insurance either, so it really makes me wonder if she did indeed have insurance at the time of the accident. The actual reason she did not want to file the police report was because she would have had to have gone into the station to post a $200 bond, and the insurance card was not in her car (this is what the officer told me, but over the phone 2 weeks after the accident.) Also, she did have the right of way, but it can be argued that both were at fault, but I'm probably more at fault. I believe she may have been driving a bit too fast. I'm not denying my responsibilty, but I was misinformed at the scene by the police officer and the girl. If I had known the correct information, I would have insisted a report have been filled out, and would have accepted the consequences for driving uninsured.
Anyway, she did get 1 estimate done for her car for $2900. I believe it is unrealistic considering the value of her car is about $1500, yet somehow, she expects me to pay that much out of my pocket. It's just that this girl seems to think that she has absolutely no responsibility in any of this. I'm guessing she was afraid to get the police involved because she already has some sort of record. I just don't think that's fair to me. I told her I can offer her $1000, but she was not satisfied by that, so I was wondering how to protect myself. I thought I'd offer one more time, but am afraid she can say that I'm trying to bribe her. I just don't think that 1 mistake should cost me this much. Accidents happen, and my mistake was driving uninsured. I should have to pay the penalties for that. If she really does have insurance, they should pay for the damages to her car. If she didn't think or didn't want to call her own insurance company, why should I then be expected to pay for all the damages? I just think that there is a lot more information she is not telling me. Oh, I don't know how to explain what I feel she is trying to do, and already has done. I just feel like I might get taken advantage of because I felt so horrible about what happened. Thank you for your advice.

[stephenk]

Okay then, just tell her to sue you. When and if she does, present your evidence that disputes hers.