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 Posted: Thu Nov 06, 2008 5:43 am Post subject: Very Minor accident: now blamed for other Damage |
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A week ago I was sitting at a stop sign behind someone. I do delivery, so when I stop I write who signed for packages and whatnot. I wasn't paying attention and I let go of the brake, hitting the person in front of me at no more than 2 mph.
We got out of our vehicles (mine a ford aerostar van and his a honda accord). I look for Damage at the point of impact where my license plate frame hit his car and find none. My plate frame merely rubbed off some the dust from his bumper. A foot and a half from the point of impact was a gash in his bumper that had obviously been there before (keep in mind I hit him straight on, not at an angle, and there is nothing that protrudes from my bumper). He tried to blame me for that damage and I told him there was no way. Nevertheless, I gave him my name, phone number, address and drivers license number. He said he would get a quote and call me.
A few days later I get a call from his insurance company trying to get "details" about the car accident. I haven't picked up yet. What should I do? They don't have my license plate, vin number, insurance, proof of the accident, just info about me. I'm thinking about saying something like "send me the claim number along with proof that my vehicle was involved in an accident. If not, don't bother me anymore."
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James Smith
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| Posted: Thu Nov 06, 2008 8:54 am Post subject: |
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| Quote: | | I gave him my name, phone number, address and drivers license number. |
I think they can find the rest of the information from the driving license number. IMO its better to involve the insurance company into the dealing. An adjuster has the professional skills to determine the age of damage i.e. whether it's fresh or an old one.
What to mean by proof of accident?
IMO you should speak to the insurance company of the other driver. You have the right (and should exercise) to put your version of the accident as well. |
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simon
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| Posted: Thu Nov 06, 2008 9:08 am Post subject: |
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I agree that the adjusters are the experts in determining the nature and worth of the damages. The other guys might have decided to turn the claim to his own insurance and even then the insurer would try to get you side of the story as well.
You may not be able to avoid paying for the damages that you might have caused. The other drivers insurance will subrogate your insurance company to receiver for the money that they have spent on the claim. and, really its not very difficult to find the information about your insurance.
Thanks,
Rupert |
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RupertWBradson
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| Posted: Thu Nov 06, 2008 10:09 am Post subject: |
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| Quote: | | I'm thinking about saying something like "send me the claim number along with proof that my vehicle was involved in an accident. If not, don't bother me anymore." |
| Quote: | | I gave him my name, phone number, address and drivers license number. He said he would get a quote and call me. |
Why would this person have all the information unless you have it to them? Why would you give it to them if you had not been in an accident? What if this person were to now file a police report and claim that you failed to give them your insurance information as required by law?
Each state is different but here is what could happen if you don't address this loss. The other insurance company can turn the loss over to a collection agency. The collection agency can hire an attorney who will file suit in District Court. Trust me... you don't want this to go that route.
My recommendation is that you either pay for the damage to the other person's vehicle or you report the accident to your carrier (as you should have done from the start), let your carrier know that you feel that you did not cause the damage, and allow them to provide you a defense or pay the claim. That is why you have insurance. |
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tcope
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| Posted: Thu Nov 06, 2008 11:51 am Post subject: |
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I agree with Tcope all the way you need to get your carrier involved...NOW they won't pay for damage you didn't cause...they can look at the front of your vehicle and match it up with the rear of his...You need to either advise your carrier immediately or pay the whole thing...do NOT wait any longer to tell your carrier, valueable evidence will be lost, then you WILL be on the hook for all of it....You more than likely will still have the option of paying this out of pocket even if your carrier is involved...just be glad he isn't claiming an injury as well, well 'yet' anyway. | Quote: | | I'm thinking about saying something like "send me the claim number along with proof that my vehicle was involved in an accident. If not, don't bother me anymore |
You need to get your 'thinker' fixed or 'think' again, this is NOT a good approach and you're going to open yourself up for a heap a trouble boy for sure....
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Lori
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| Posted: Fri Nov 07, 2008 11:00 am Post subject: |
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Thanks for the input. I guess I just felt like I could tell them anything and they probably wouldn't believe me. I took a few pictures of the other persons car showing how I barely rubbed off a little dust where the greatest point of impact was, so I hope maybe those will come into use. Thanks again!!
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James Smith
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| Posted: Fri Nov 07, 2008 11:59 am Post subject: |
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| Quote: | | I took a few pictures of the other persons car showing how I barely rubbed off a little dust where the greatest point of impact was, so I hope maybe those will come into use. Thanks again!! |
You have done the right thing. Certainly, the other guy can't put old accidents into your account. This pictures will help you in establishing your case if you have to contest the claim at any point of time. |
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simon
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