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Vehicle Accident

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Junior Member
I was driving a van to IA with a permit. I had a passenger, who is 21 years old with a driver license. On the way back from Iowa, the weather got bad. The road was icy and it was extremely windy. I was on the highway, there are two lanes. I was on the left lane. Driving for awhile, I noticed that the car I was driving was going too fast. I attempted to slow down. On the dash board, the icy road lit up a few times. I got worried and warned my passenger that I cannot slow down anymore and I cannot brake. In a few seconds after alerting my passenger, there was a car on the right lane speeding up to try to pass. The wind blew the car that I was driving in toward the direction of the car on the right lane.The car that I was driving, hit the driver's side. Both cars went into the ditch. My passenger and I got out of the car to check the other car to see if anyone was injury and if it was ok to call the police. The driver informed me that he was okay and that his passenger was too, and he told me not to call the police as they would not come as there are so many cars in the ditch. I asked if we can exchange information and we did.

The driver called the insurance right away. The following day of the accident, I called the driver to come to an agreement. I talked to the driver to negotiate. He agreed orally that we would do this off the insurance claim. I asked him to write a proposal and include a receipt of the estimate along with his signature. He never got back to me until later that day asking if I have money to pay. He stated that the damage in total is $3,500.

I knew that there was something wrong. He somehow didn't want to write a proposal and didn't want to sign anything. In response to him unwilling to provide some proof that the damage from the accident was $3,500, I stated that I'm not uncomfortable so I'm going to turn everything to the police and my lawyer. He quickly responded with the receipt of the estimate. In the receipt, he included very specific damages as the rear bumper, the window, and etc. He texted me that he does not want to be a jerk, so he wants to talk on the phone and that the car was still drivable.

He told me that his 1992 Buick Rivera with a 206,000 mileages is salvaged at $2,600 and he is looking for $2,100. Therefore, $3,500 is not worth to fix it. I asked him where there any damages on his car before the accident and he stated yes. But later, he recanted his statement and stated that I did all the damages, because I suggested that my mechanic would take a look at the receipt to highlight the damages according to the pictures that I took and also the story. He claimed that his car was totaled and agreed to come up with another solution that we both would agree on.
The next day, the insurance called me and I told the insurance that the other driver and I have agreed to not include the accident in the insurance claim. The insurance later called back and stated that the other driver and I never agreed to what I told to the insurance.

I need some legal help and I'm not sure what to do as of now.
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