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Rear End

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itzwilson

Junior Member
MA.

2 weeks ago, i had accidentally rear ended a car slightly. This took place on a highway in a somewhat busy late morning. I was following a good distance away but the person who i rear ended says to me the car in front of hers had stopped too abruptly causing me to hit hers but the other car drove off. There was no noticeable damage to their car but a slight scratch to my. We exchange information I take some rushed pictures of the vehicles and i insist that it would be better for both parties to not go through insurance. I remained in constant contact with this person over the next 2 days. The person tells me everything looks fine and that our business should be all set. 2 weeks later she messages me that there was a chip to her car and is asking for $600 or if id prefer to go through insurance. I'm afraid she is simply now taking advantage of the situation seeing that I was the who rear ended her. What do you think are my best course of actions?

Thank you.
 
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Zigner

Senior Member, Non-Attorney
MA.

2 weeks ago, i had accidentally rear ended a car slightly. This took place on a highway in a somewhat busy late morning. The person who i rear ended says to me the car in front of hers had stopped too abruptly causing me to hit hers but the other car drove off. There was no noticeable damage to their car but a slight scratch to my. We exchange information I take some rushed pictures of the vehicles and i insist that it would be better for both parties to not go through insurance. I remained in constant contact with this person over the next 2 days. The person tells me everything looks fine and that our business should be all set. 2 weeks later she messages me that there was a chip to her car and is asking for $600 or if id prefer to go through insurance. I'm afraid she is simply now taking advantage of the situation seeing that I was the who rear ended her. What do you think are my best course of actions?

Thank you.
You should pay for the damage you caused or provide your insurance information.
 

itzwilson

Junior Member
Unsure

You should pay for the damage you caused or provide your insurance information.
I really can't afford my rate to go up more and i'm aware its very difficult to dispute a rear ender so i'm afraid to go through insurance. I was just hoping if anyone knew the rules to filing a claim 2 weeks after an accident and if there's any precedent i can use since they texted me that everything looked fine and the pictures showed no damage what so ever.

Thanks again.
 

Zigner

Senior Member, Non-Attorney
I really can't afford my rate to go up more and i'm aware its very difficult to dispute a rear ender so i'm afraid to go through insurance. I was just hoping if anyone knew the rules to filing a claim 2 weeks after an accident and if there's any precedent i can use since they texted me that everything looked fine and the pictures showed no damage what so ever.

Thanks again.
The statute of limitations for filing a claim for damage is WAY longer than 2 weeks. If you can't afford your insurance to go up when you file a claim, then you will need to pay for any damage you caused out of your own pocket. I don't see in either of your posts where you dispute that you caused the damage...just the timing of the claim.
 

itzwilson

Junior Member
I understand that, but is their no precedent to protect myself being that I have physical evidence of the person telling me their car was fine and that they were not going to file a claim. And i just recently compared the picture i took at the accident and the one she sent me and the chip damage was invisible before but somehow shows up afterwards. Plus the damage that was done to my car was on the front right side while her alleged damage was on her left side though that may not mean much.
 
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Zigner

Senior Member, Non-Attorney
I understand that, but is their no precedent to protect myself being that I have physical evidence of the person telling me their car was fine and that they were not going to file a claim. And i just recently compared the picture i took at the accident and the one she sent me and the chip damage was invisible before but somehow shows up afterwards. Plus the damage that was done to my car was on the front right side while her alleged damage was on her left side though that may not mean much.
Another option is to tell her to pound sand. Then you can wait until you're sued and hope the court backs you up.
 

PayrollHRGuy

Senior Member
If you want to try an deny the claim you can either wait for her to sue you and defend yourself with the photo you took or go ahead and report the accident to your insurance company and let them defend you with the picture.
 

ALawyer

Senior Member
If Sued For Personal Injury YOUR Insurance Company May Deny Responsibility

If you want to try an deny the claim you can either wait for her to sue you and defend yourself with the photo you took or go ahead and report the accident to your insurance company and let them defend you with the picture.
While I can understand any driver trying to settle the claim on his or her own without involving the insurance company and thus risking having the insurance company raise your rates -- which may or may not have happened (and many carriers do not factor in cases in which a settlement is tiny) -- you had better be aware that any time a driver tries to settle claims on his or her own it exposes the driver to serious risk.

Auto liability policies typically contain a provision requiring that the insured promptly notify his or her insurance company in the event of an accident. That provision is there to enable your insurance company to send out a claims examiner to evaluate and settle the claim of the other driver (where possible). Most importantly, the insurance company is thus able to immediately take efforts to quantify and limit its exposure should the other driver or passengers in the car (if there were any) later claim they also sustained personal injury (such as whiplash) in the accident. Depending on the state and the exact language in he policy, the failure on your part to promptly notify your insurance carrier may absolve it in full or in part from liability. That could leave you holding the bag.

Here the other driver seems a bit sketchy -- switching from there was no damage (and you have pictures backing that up) and thus no problem to a demand for $600. What if you pay her and next week she says I am in major pain from the accident, have been to doctors and chiropractors and they say I need neck surgery or extensive treatment and can't work or enjoy life and I demand $1 million? If you do pay her be sure to get a signed and notarized general release from her (and anyone else in the car with her -- pay them $10 each) so she or they don't come back and sue you later, and you find your insurance company says "too late buddy, you should have told us about this long ago."
 

PayrollHRGuy

Senior Member
any time a driver tries to settle claims on his or her own it exposes the driver to serious risk.
I didn't suggest the OP settle it themselves. He seems pretty bent on that already. I just told him he could wait to be sued and defend himself using the photos.
 

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