question about accident....

What is the name of your state (only U.S. law)? CA
Accident where other car was rear-ended by daughters car in July, 2010. She was cut-off on the freeway while other car was trying to change lanes to get off. She had just turned 18 3 days before the accident so no longer a minor in the legal sense. Police were called and responded to scene. Police report states that there was no damage to the other vehicle. Nothing written about who was at fault, yet she did rear-end him.... Daughter contacted insurance carrier to report accident. She was advised in October, 2010 that because her payment was 7 days late, she was not covered the time of the accident, yet there is nothing anywhere that shows she had a lapse in coverage, but yes, she did admit that she sent her payment in late.....

Daughter received phone call from someone stating they were from the other driver's insurance company two weeks ago (December 2010) and claimed that there was over $500.00 worth of damage to his client's car to fix a bumper and tail light in a 1980 small Toyota pick-up truck. They are demanding she pay it, yet they refuse to send her any pictures of damage, any estimates, etc. I have absolutely no idea what is legal and what is not but she is panicking and said that they are telling her she has to start sending this man $100.00 a month until it is paid off. I have a funny 'gut' feeling about this not being above board but have absolutely no idea what to advise her to do. Any help would be appreciated....

She can certainly insist on seeing proof of the damage, but $500 doesn't sound out of the realm of possibility for a minor accident.

not the amount....

I was more concerned that it has been 5 months and this is the first she has heard from them. Can she state that she will pay nothing until she sees proof of damage simply because no one at the scene saw any damage and the police report also stated there was no damage to his vehicle? If she does this and this man decides to take her to court, I am worried that she will end up having to pay attorney fees, etc. if it is legit......how can she find out if this is really an insurance agent and demand estimates and pictures?

It's definitely not an agent. It's probably a 3rd party collection agency that the insurance company hired to recoup their loss. She can ask the name of the company and ask who they represent. She can try to contact the other party's insurance company directly to verify what happened.

Like the OP I'm rather suspicious of this. It's a 1980 Toyota so I'm thinking that there is no collision insurance. I think they' re not dealing with any sort of agency.
As Ms. ecmst 12 points out $ 500 does not sound unreasonable for minor damage. That the police did not see any damage does not mean that a careful examination would not show some. A cracked tail light lens and some bumper damage is certainly possible.
Daughter should find out who she is dealing with and how they relate to this truck. She should insist on seeing a few repair estimates. Ask that they be mailed to her. Look at the envelope that they arrive in. Is it business stationary?
These estimates must be timely. The truck should have been taken in within a month of the accident. If the estimates are not timely then you have no way of knowing if the damage was from a subsequent accident. Untimely estimates probably won't stand up in court.
But now ask yourself, do we want to go to court? The daughter did not have insurance and did rear-end this truck. $ 500 may be cheap if it makes the hassle go away.

Good luck

I agree...

If the damage was due to her, it needs to be paid...there is no problem there. I also agree that the damage to the bumper may not have been seen but needing to replace the headlight due to damage I think would have been noticed. I will make sure that daughter requests/demands estimates and pictures but I think, according to what she thought, the guy just had the work done and she is going to be liable for the bill. I just don't want her to have to pay for something that possibly she did not do. Thank you for all the advice!

Sharing info at the accident scene, your daughter would know the other party name address, and insurance company.

She would also have her cellphone pictures of both vehicles at the scene, and can compare her pictures of the pu truck damage with any new photo's or repair estimate.

$500 is nothing. I was hit in the rear and had a very slight surface scratch in the top coat, and it was over $500 to repair. If she cracked a taillight lens, scratched the bumper, or anything else minor I could easily see a bill of $500 claimed.

I think your gut feeling tells it all.

Such claims as the caller describes, even if genuine and supportable are not to be resolved without certain formalities. My advice is to totally ignore the demands and wait it out.

This is not particularly helpful I know, but until something in writing has been presented to you and can be substantiated I don’t see that you have any options. And blindly sending money to someone unknown is certainly not a sensible choice.

Also, there is absolutely no reason for you to be put to the trouble of chasing down the other party's insurance carrier or the other driver!

First because considering the age of the vehicle it’s highly doubtful that the owner carried collision insurance.

Secondly, even if such insurance were in place, with no noticeable damage due to the collision, there would be no pay out by such a carrier and no subrogate claim back against your daughter.

What is more probable is that the owner of the Toyota is just trying to squeeze money out of the girl. But without a judgment he is not entitled to any. And without proof of physical damage to the 1980 Toyota as a result of the collision he won’t get a judgement.

What's more, you could fill a three-car garage with l980 Toyota pickups for $500 and change coming. Some of them with an engine.