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uninsured accident

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RCubberley

Junior Member
What is the name of your state? IL

basic breakdown:
i have been in no prior accidents
i did not have insurance at the time of my accident
i was at fault for the accident
i pled guilty for being at fault (for failing to yield turning left)
he wants to settle without reporting to his insurance
he is threatening to sue if i dont pay what he is asking

detailed account:
i was following my friend to his house and therefore not worrying so much about my surroundings. my friend turned left and so i followed about 2 car lengths behind. out of the corner of my eye i noticed the green light but failed to recognize whether it was just a light or an arrow. i proceeded to turn left behind my friend and someone in oncoming traffic going straight hit me. i later learned that my friend turned left while the turn arrow was yellow for him and it had disappeared entirely when i was turning. he said he assumed i would stay back and yield to traffic to turn left.

obviously the light for the man in oncoming traffic who hit me (i will refer to him as joe from now on) had just turned green moments before he hit me. joe was stopped at his red light and waiting for it to turn green. before he hit me i noticed him coming albeit too late. i do not recall him honking or slowing down or trying anyway to avoid the accident but then again i also wasnt paying attention to the traffic lights so my testimony is perhaps questionable.

his right front bumper hit my passenger side rear door.

i told everything straight up to the police and to joe. i admitted not having insurance and i admitted not yielding while turning left as i later pled guilty to these charges. he was very upset as he told me he had gotten in at least 3 accidents in the past and was tired of irresponsible drivers.

he had the damages estimated at nearly $3100. he has given me a copy of all of the damages done to his car which i can give to any of you who are interested. his car's blue book value is $2000 maximum. his car only had body damages. it runs fine and no other damage or injuries occured from this. he wants to settle this without reporting to his insurance because he does not want his rates to go up. if i do not pay him the money he is asking for he is threatening to sue me.

questions:
does he legally HAVE to report this to his insurance?
if i do try to force him into reporting it will his insurance company likely hit me up for more money or less money?
is there any division of blame? meaning he hit me and seemingly did not avoid the accident even though i was at fault.
if i do end up only offering him $2000 and he refuses to accept this and then goes through with suing me is there any chance i will make out better?
should i get a lawyer and have him advise me personally? (i am thinking yes to this)

any other questions you may have i would be happy to answer. i would just like some preliminary advice before making any further decisions.

robert cubberley
[email protected]
 


Happy Trails

Senior Member
RCubberley said:
What is the name of your state? IL

basic breakdown:
i have been in no prior accidents
i did not have insurance at the time of my accident
i was at fault for the accident
i pled guilty for being at fault (for failing to yield turning left)
he wants to settle without reporting to his insurance
he is threatening to sue if i dont pay what he is asking

detailed account:
i was following my friend to his house and therefore not worrying so much about my surroundings. my friend turned left and so i followed about 2 car lengths behind. out of the corner of my eye i noticed the green light but failed to recognize whether it was just a light or an arrow. i proceeded to turn left behind my friend and someone in oncoming traffic going straight hit me. i later learned that my friend turned left while the turn arrow was yellow for him and it had disappeared entirely when i was turning. he said he assumed i would stay back and yield to traffic to turn left.

obviously the light for the man in oncoming traffic who hit me (i will refer to him as joe from now on) had just turned green moments before he hit me. joe was stopped at his red light and waiting for it to turn green. before he hit me i noticed him coming albeit too late. i do not recall him honking or slowing down or trying anyway to avoid the accident but then again i also wasnt paying attention to the traffic lights so my testimony is perhaps questionable.

his right front bumper hit my passenger side rear door.

i told everything straight up to the police and to joe. i admitted not having insurance and i admitted not yielding while turning left as i later pled guilty to these charges. he was very upset as he told me he had gotten in at least 3 accidents in the past and was tired of irresponsible drivers.

he had the damages estimated at nearly $3100. he has given me a copy of all of the damages done to his car which i can give to any of you who are interested. his car's blue book value is $2000 maximum. his car only had body damages. it runs fine and no other damage or injuries occured from this. he wants to settle this without reporting to his insurance because he does not want his rates to go up. if i do not pay him the money he is asking for he is threatening to sue me.

questions:
does he legally HAVE to report this to his insurance? ***NO
if i do try to force him into reporting it will his insurance company likely hit me up for more money or less money? ***Only the value of the car.
is there any division of blame? meaning he hit me and seemingly did not avoid the accident even though i was at fault. ***Insurance company will determine that.if i do end up only offering him $2000 and he refuses to accept this and then goes through with suing me is there any chance i will make out better?
should i get a lawyer and have him advise me personally? (i am thinking yes to this)

any other questions you may have i would be happy to answer. i would just like some preliminary advice before making any further decisions.

robert cubberley
[email protected]
Have him report it to his insurance company. They would only allow blue book value.
 

rmet4nzkx

Senior Member
Consulting an attorney is a good idea, but remember, what he is asking for is to repair his car and putting it back into working order, that may be less than all the cost of defending a lawsuit that you are not likely to win since you have admitted fault even with comparitive negligence factored in, in addition to any other consequences to your license or insurance once you get it. A retainer is going to cost you more than he is asking to repair his car. Maybe it will be a lesson to pay better attention when you are driving in the future. If you do settle with him, be sure to get a written release from him. You are not going to get out of this for less than he is asking.
 

RCubberley

Junior Member
my next concern would be i want to make sure he takes my money and actually repairs his car with it. i dont want him just getting my money and not repairing his car. is there any way i can assure he doesnt waste my money on other things?
 

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