Need some advice about car damage....

[ultrabeth]

Okay, here's the situation. Last night I had my car parked outside in front of my house. My roommates boyfriend arrived (less than sober) and proceeded to crash into the rear end of my car. He immediately came inside and told me what had happened. I went outside and surveyed the damage with him and found that my car had substained a decent sized dent along with some major damage to my new paint job. He told me that he would appreciate me not reporting it to my insurance company or the police and assured me that he would take care of the cost of the repairs. I don't know him very well, but he seems like a nice person and I certainly don't want to get him into any legal trouble if it can be avoided. However, I do want to make certain he makes good on his promise to pay for the repairs. My question is....where do I go from here? It is my assumption, although I could be wrong, that he isn't carrying any insurance at this time. I also beleive that he may have recently quit his job. Because of these factors I fear that even though he may WANT to pay for the repairs, he may not actually DO it. Do I need to file a police report and report this accident to my insurance company, or is there a way that I can draw up a legal document for him to sign to hold him legally responsible for the repairs without getting him into trouble with the police? Would a signed contract to pay the damages, along with pictures and repair estimates, be enough to hold him legally responsible? Any help in this matter would be truly appreciated!! I live in the state of Nebraska, if that makes any difference. Thank you!

 

[I AM ALWAYS LIABLE]

Okay, here's the situation. Last night I had my car parked outside in front of my house. My roommates boyfriend arrived (less than sober) and proceeded to crash into the rear end of my car. He immediately came inside and told me what had happened. I went outside and surveyed the damage with him and found that my car had substained a decent sized dent along with some major damage to my new paint job. He told me that he would appreciate me not reporting it to my insurance company or the police and assured me that he would take care of the cost of the repairs. I don't know him very well, but he seems like a nice person and I certainly don't want to get him into any legal trouble if it can be avoided. However, I do want to make certain he makes good on his promise to pay for the repairs. My question is....where do I go from here? It is my assumption, although I could be wrong, that he isn't carrying any insurance at this time. I also beleive that he may have recently quit his job. Because of these factors I fear that even though he may WANT to pay for the repairs, he may not actually DO it. Do I need to file a police report and report this accident to my insurance company, or is there a way that I can draw up a legal document for him to sign to hold him legally responsible for the repairs without getting him into trouble with the police? Would a signed contract to pay the damages, along with pictures and repair estimates, be enough to hold him legally responsible? Any help in this matter would be truly appreciated!! I live in the state of Nebraska, if that makes any difference. Thank you!

My response:

First, you need to obtain 2 or 3 estimates of the damage. Next, you have him sign a "Promissory Note" stating the HIGHEST amount of estimates damages. Then, once he signs it, tell him he's got 10 days to pay up, or you're suing him in small claims court. If you don't, he'll drag this on forever. If he fails to sign the Note, tell him you're reporting this to the police and informing your own insurance company.

Time is of the very essence, so get on this right away.

IAAL

 

[iggy367]

ultrabeth

Definitly and immediately report in to the police to have an unbiased record of the damage to both cars documented. The photos, estimates and signed letter are a must. Additionally you should take pictures of his car's damage that hopefully shows your paint on his car. Also if you have an insurance agent ask their direction and them to make a "record" of the accident but "not to report it" so if the guy doesn't own up then the report will be ready to submit for your insurance and then your insurance company can go after him for paying them back as well as your deductible.