This is a Third party payer Claim against his company. You as claimant, have no obligation to even have your car repaired (unless you have a contract with a lien holder and are making note payments).

You are to be made whole for your damages in dollars.

You could run off to Vegas or take your wife on a shopping spree !

You could pay yourself or your brother in law or friend to do the repairs at a discount price, but the full fair value amount of your damages are to be paid to you, regardless.

These situations are governed by tort law, and not contract law (as with the policy with your OWN insurer).

 

Sorry to hear about the incident. I have learned more than I care to about insurance over the past 6 months as I was hit by a drunk driver on my cycle 2 days before Christmas. Of course each state is different but in PA like most states you MUST report an accident to the police or dmv if there is signifigant damages, injury or death. You also MUST report the accident to your own insurance if there is another vehicle involved and you MUST provide your insurance with the other parties information. PA is a no fault state as most are now becoming so unless the other party was drunk, high or negligent (you can't prove without calling the cops) then it is up to your own policy to pay for the accident. At this point I would call both the police and the insurance then provide documentation of everything that has gone on so far. Sorry again to hear about the accident, hope it turns out better then mine.

 

How? I think your evaluation of doom is coming a bit too early.

The other party provided insurance info and he promptly filed a claim against it, as well as notifying his own insurance company. The other party admitted guilt. That's not a bad start at all.

He is struggling with the decision to proceed with the insurance claim or to handle it privately. There is no obligation to proceed with the insurance claim. People of free will can settle between themselves. It certainly isn't unheard of.

He still has time to file a report with the DMV, thus meeting that legal obligation.

The only thing lacking is a police report. I've read nothing that suggests lack of that police report will *necessarily* jeopardize the claim he has already filed.

An unhappy ending is certanly possible but it is by no means a given.

Cheers
DD

 

I'll call the police today and hear what they say, otherwise I am filing a DMV traffic accident report.

 

Good! Keep us posted!

I'll wager the police response, advice, and concern will be minimal. In my town they won't even respond to the scene of a fender bender. If nobody is hurt and the road isn't blocked they just say "Exchange information and report it to your insurance company".

Cheers
DD

 

I was rear ended a few years ago and the guy at fault offered to pay for my repairs personally. He was a neighbour and seemed like a nice guy so I agreed, but i stupidly did not get the cost of repair off him up front. He promised to pay the bill when the repair was complete, he knew what the cost would be from the repair quote and seemed happy to pay. When it came time to pay, he told me he could only afford instalments of $200 per month, which would have taken almost 3 years to pay.

I must have been crazy not to claim on my insurance and never again will I trust anybody in a similar situation. He paid the first 2 instalments and nothing since leaving me to absorb the loss. My advice is use your insurance company, look after your own interest and let the other guy worry about his.

 

No injury, no report, according to the local police station. "just contact your insurance bybye".

 

I sorta figured that would happen

Cheers
DD

 

Plus one to Test Point's idea - $10K in hand...

Last fall (9/11/2012) I was entering my fuel information into Fuel Log while sitting at the pump, when my car went BUMP. A guy in an old S10 sideswiped my Jag as it sat at the gas pump! No injuries, no significant new damage to his already damaged vehicle. Damage to my passenger door, mirror, fender, leaper badge, bumper, and wheel.

He was apologetic and wanted to take care of it without police or insurance; even gave me his license and insurance card. I deal with these things on a regular basis at work and already had 911 on the phone. Held his cards, and PHOTOGRAPHED THEM, as well as photographed the damage to both vehicles, and took his picture.

When the deputy arrived, I was on the phone with my insurance company. My insurer said they would start a claim and if I had any problem getting him or his insurer to pay, my claim could go forward. Good thing!

Turned out his desire to not involve police was well-founded. His license and insurance had both been revoked. His insurer disclaimed all responsibility for him, his property, and his actions. He never did answer a phone call from me.

My insurer (Liberty Mutual) paid the claim (eventually - another story of the body shop (Action Enterprises - does work for the local dealer) being very patient with getting paid - released the car on the word of the insurer to send payment immediately then didn't get the check for another month! - and since I was PARKED, NOT DRIVING, it doesn't count against me with them; it wasn't a collision.

Long way to say, USE THE INSURANCE. At least get the claim started so you can put it through if the other party doesn't pay. They deal with these things all the time. They've already been paid (they get their money up front - hmmm) now you can let them earn the premiums.

Good luck with it. Even when it's all paid it can be aggravating. My insurer paid to have the car repaired, but didn't cover the days and phone calls it took to arrange everything and follow up.

BTW - his "insurer" had me get a quote and take the car to the repair shop before they "realized" he wasn't covered.

Hang in there. This too shall pass and she can get back on the road in her proper style.

 

I'm late to the party here, but yeah, would have told you that from the beginning. The other driver's wants are not your problem; keep everything legit and above board and you'll sleep better at night. Your insurance agent works for you and should be able to provide you with answers specific to your situation.

 

a pass side head light unit, fog light unit, repaint front bumper cover and labor cost over 2,500 for my XK8. I would go with insurance and not get caught up with hoping this person pays you for the repairs you may need. Better safe than sorry. also make sure you have a report as well, it coud help you later if there are any questions.