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Fabulous Shadow
06-07-2004, 02:20 PM
I was rear ended this weekend... And NOOOO not the kind of rear ender you OR I are hoping for. Someone hit me in my car from behind. I was creeping around a corner to go right and he plowed into me. He got out and said "I thought you were going to go" FUCK! Did I go??? Anyway, My car is messed up, his is fine (BTW-he was driving a brand new Cadillac Escalade)... He doesn't want to go through the insurane. Offers me 200.00 bucks. I say "No, I want my car fixed". 300.00? "No, I have no Idea how much it will cost to get my car fixed"... He says, I'll pay your deductable how much is it?" I say 500.00... He hands me 500.00 cash... So I take it. Now I'm thinking I shouldn't have. What can I do at this point?

Carmine
06-07-2004, 02:27 PM
did he give you cash?

Fabulous Shadow
06-07-2004, 02:30 PM
Yes he gave me $500.00

Carmine
06-07-2004, 02:32 PM
if you dont have any of his info, then your probably stuck. will the 500 repair your car?

Fabulous Shadow
06-07-2004, 06:11 PM
I have his plate #. I was told the repairs on my car will run in the 1500.00 area. The 500.00 covers my deductable.

pete
06-07-2004, 06:33 PM
You should have had the cops on the scene to document proof. It's your word against his. The insurance company will not be pleased. There gonna ask why you didn't get a police report.

He was clearly at fault.

You could have collected from his company. You're insurance rates may suffer for the next 3 years. For all they know know you backed into something which will be your fault. If you had a police report you'd be covered.

He could just deny it ever happened.

pete
06-07-2004, 06:34 PM
You should have had the cops on the scene to document proof. It's your word against his. The insurance company will not be pleased. There gonna ask why you didn't get a police report.

He was clearly at fault.

You could have collected from his company. You're insurance rates may suffer for the next 3 years. For all they know you backed into something which will be your fault. If you had a police report you'd be covered.

He could just deny it ever happened.

MERRYKISSMASS2U
06-07-2004, 06:39 PM
he probably didnt have insurance, i dont think u should have

Fabulous Shadow
06-07-2004, 07:44 PM
Originally posted by pete
You should have had the cops on the scene to document proof. It's your word against his. The insurance company will not be pleased. There gonna ask why you didn't get a police report.

He was clearly at fault.

You could have collected from his company. You're insurance rates may suffer for the next 3 years. For all they know you backed into something which will be your fault. If you had a police report you'd be covered.

He could just deny it ever happened.

True... I blew it!

pete
06-07-2004, 08:10 PM
Originally posted by Fabulous Shadow
True... I blew it!

You may pay higher rates for a few years.

Learn a lesson, move on.

I was an insurance agent for like 10 years but, when i'd leave work, change clothes, you'd never know it.

I got rear ended in a parking lot and the lady tried the same shit.

She thought I was a dumb punk.

Well, you could make a police report and still not report it to insurance.

She said she'd pay. I told her if she drove away she would also be cited for "leaving the scene"

We made the report.

She said she'd pay.

I got the estimate.

She couldn't pay.

I was covered.

FYI, there is nothing you could do while driving that could make you remotelty at fault for being hit in the rear.

The guy behind you is responsible. You could jam your brakes at 60 and if he hits you it's his fault.

Fabulous Shadow
06-07-2004, 08:13 PM
Anyone? At this point... Should I tell my insurance the truth... 100% including the payoff??? Of that it was a hit and run???

pete
06-07-2004, 08:17 PM
Originally posted by Fabulous Shadow
Anyone? At this point... Should I tell my insurance the truth... 100% including the payoff??? Of that it was a hit and run???

Tell your insurance the truth minus the payoff.

Tell them he split and you took his tag.

If you got balls, make a police report and say it just happened and give them his tag.

Whatever the outcome, you still got the deductible and, you already know the worst that could happen. You pay the deductible.

Love
anyone.

twonabomber
06-07-2004, 08:26 PM
Originally posted by pete
I was an insurance agent for like 10 years but, when i'd leave work, change clothes, you'd never know it.



i was an agent for four years, but due to the casual dress code at Progressive, you'd never know it either. :D

call and report it.

pete
06-07-2004, 08:28 PM
Originally posted by twonabomber
i was an agent for four years, but due to the casual dress code at Progressive, you'd never know it either. :D

call and report it.

State Farm, ultra-conservative.

lms2
06-07-2004, 09:44 PM
The $500 was cash. You have his tag number. How would you feel about yourself for being less than honest about the payoff. That is really the question here. Two wrongs may not make a right, but he was clearly wrong for hitting you just as he was wrong in offering the cash. And if he was gonna offer cash he should have paid the whole bill at the garage of your choice. Ignoring those two wrongs is not right either. Last guy that hit me went to prison for his third strike no license, no insurance, expired tags. My van was 8 days old. My personal opinion is to nail the guy. There is a reason he didn't want to involve the police and that is the exact same reason why you should.

pete
06-07-2004, 09:50 PM
Originally posted by lms2
The $500 was cash. You have his tag number. How would you feel about yourself for being less than honest about the payoff. That is really the question here. Two wrongs may not make a right, but he was clearly wrong for hitting you just as he was wrong in offering the cash. And if he was gonna offer cash he should have paid the whole bill at the garage of your choice. Ignoring those two wrongs is not right either. Last guy that hit me went to prison for his third strike no license, no insurance, expired tags. My van was 8 days old. My personal opinion is to nail the guy. There is a reason he didn't want to involve the police and that is the exact same reason why you should.

I didn't want to be so blunt.

lms
06-08-2004, 09:52 AM
Thats me...open mouth insert foot. :)

alexpgrimes
06-08-2004, 10:11 AM
You don't owe the guy anything. Call the police make a report. Let them deal with him. The same thing happened to me about five years ago. He offerd to pay for everything including a rental car. I got stuck with a geo metro and the truck wasn't fixed properly.. I learned my lesson the hard way. It doesn't pay to be nice.

Fabulous Shadow
06-08-2004, 01:03 PM
I dont want to say it was a hity and run, he didn't run. I'd rather call the ins and say he gave me 500.00 to fix my car but that the 500.00 wont cover it. Ask them to hunt him down and go through his insurance. I'll give him his 500.00 back. Here's the catch. If ity turns out he doesnt have insurance or something, maybe my insurance wont pay since I took the cash to begin with? What do you think???
I do have uninsured motorist...

lms2
06-08-2004, 01:49 PM
Thats why we have insurance is for stuff like that. You didn't sign any releases. To err is human, but who knows. I will live that up to the insurance experts to answer.

twonabomber
06-08-2004, 02:18 PM
she didn't sign a release, but taking the money may be seen as accepting a settlement.

Ally_Kat
06-08-2004, 02:49 PM
um...you got $500 cash from this? I don't know anybody who normally carries around $500 cash.

There's something fishy with that. If you can get away with it, I say never mention the transaction since it's cash and there's no record of it exchanging hands and tell your insurance company and/or the cops.

Coyote
06-08-2004, 02:58 PM
Can't really answer that, 'cause people out here know how to drive... :D
Except in Helsinki.

Fabulous Shadow
06-08-2004, 03:25 PM
I can't do that Ally... I mean I could but I wouldn't. It'd set him up for hit and run and he could get a huge fine for that and that would suck...

Ally_Kat
06-08-2004, 03:29 PM
if i had my mustang and someone did that to me, i would so do it, but I can be a bitch like that

lms
06-08-2004, 04:02 PM
Originally posted by twonabomber
she didn't sign a release, but taking the money may be seen as accepting a settlement.

That could be, but I don't think it would stand up in court. At any rate the insurance company would spend more than the $1,500 in legal fees trying to defend it. I don't think that would happen and IMO the risk is worth taking to make it right and get the matter worked out. (Just don't come looking for me if I am wrong :) )

pete
06-08-2004, 05:55 PM
Originally posted by Fabulous Shadow
I dont want to say it was a hity and run, he didn't run. I'd rather call the ins and say he gave me 500.00 to fix my car but that the 500.00 wont cover it. Ask them to hunt him down and go through his insurance. I'll give him his 500.00 back. Here's the catch. If ity turns out he doesnt have insurance or something, maybe my insurance wont pay since I took the cash to begin with? What do you think???
I do have uninsured motorist...

I don't know about Cali. In florida Uninsured Motorist only covers bodily injury.

Fabulous Shadow
06-08-2004, 05:57 PM
Not sure... He has to be covered sisnce it's a new car. Probably just super high rates already. I just want to turn it in to the insurance and have them contact him. i just dont want the 500.00 biting me in the ass!

twonabomber
06-08-2004, 07:33 PM
Originally posted by pete
I don't know about Cali. In florida Uninsured Motorist only covers bodily injury.

i had a California license but i can't remember if there was uninsured available for the vehicle, too. been out of the biz for a year now and i'm starting to forget all that stuff.

YankeeRose
06-08-2004, 08:44 PM
Here in SC the guy that hit you would be at fault, no matter what. That's why many people here offer to pay without reporting. My best advice to you is to call legal aid in your area, or look up an accident lawyer that offers free initial consultations...tell them the whole truth, and see what they say about your rights now. Remember, the fact that he called it "paying your deductible" is proof that he expected you to report it to your insurance. It's not your fault if he thought you didn't get any info from him. His tag # will reveal all the information your insurance company needs to track him down.

Fabulous Shadow
06-08-2004, 10:48 PM
Great info Yankee! Thanks! I gave ya a vote for that!

tobinentinc
06-09-2004, 08:38 PM
Originally posted by Ally_Kat
um...you got $500 cash from this? I don't know anybody who normally carries around $500 cash.

There's something fishy with that. If you can get away with it, I say never mention the transaction since it's cash and there's no record of it exchanging hands and tell your insurance company and/or the cops.

You should deff do that. It's the best way.

YankeeRose
06-12-2004, 03:34 AM
Originally posted by Fabulous Shadow
Great info Yankee! Thanks! I gave ya a vote for that!


Thanx for the vote, and you're welcome for the advice...I hope it helps. Do you still have the cash that the guy gave you? It'll look better for you if you are able to say that you didn't use any of it because you didn't know if you were legally entitled to it. If you talk to a lawyer for advice, don't lie about the money..and offer to return it if necessary.

ian_doherty
06-12-2004, 09:55 AM
you really should be 100% truthful.

the police aren't going to care nor are they going to do anything about it.

BUT the insurance companies WILL and they are going to tape record both of your statements once you make a report.