by Guest » Tue Jun 16, 2009 03:47 am
I was in a minor fender bender one week ago in which I was at fault. There was no damage to my vehicle and seemingly no damage to the other parties vehicle. The other parties old rusted vehicle had a slight separation gap between the side panel and the bumper only on one side. That was all they could point out which could have easily been there before but anyway they even checked and the trunk worked fine. No one was hurt and everything seemed ok. We agreed at the scene not to call the police and not to go through insurance. The other party felt 100.00 ought to cover it and their friend would fix it for free anyway. They also stated they would be using the money for other things not the car. I also had the other party sign a piece of paper saying I I would give 100.00. So, I sent 100.00 check in the mail the next day and called to let them know I sent the check. They said ok and that their friend fixed the problem easily and it was fine. I thought that would be the end of it but a week later I received a call from the other party stating that their trunk wasn't working well and they would geteither get an estimate for it or we can call our insurance companies. What should I do? Let me add. I DO NOT WANT TO GO THROUGH INSURANCE. We can but the car is someone elses and it would be going through their insurance. I CANNOT stress this ENOUGH, I really don't want a report filed and I DO NOT WANT to go through the insurance. ANY ADVICE WILL HELP!!! Is there a rule of filing reports. This is Missouri and I am not from here. Since no report was filed can insurance still be billed?? What should I do?
Posted: Tue Jun 16, 2009 04:45 am Post Subject:
Yes, if your insurance is notified of the accident they will attempt to settle.
If you pay another person for their loss you need to be getting a property damage release for your payment. If you don't then your still on the hook for whatever else the party feels is wrong with their vehicle.
If you don't want this to go to your carrier you need to find out what money the other party still wants and if you pay it, obtain a release (they can be found on the Internet). If they won't sign it, then you need to report the accident to your insurance company so that they can protect you. You'd then let them know that you've already paid $100.
Posted: Tue Jun 16, 2009 04:07 pm Post Subject: This is Missouri and I am not from here. Since no report was
Hello,
Have you notified the vehicle owner and what does he/she say? The vehicle owner has been exposed to a risk. Their insurance policy will have a defined period of time during which the insured has to file a claim. If their insurer is not notified, the insurer will not be obligated to defend the owner in the event that a lawsuit is filed. Each state will have a statute of limitations defining when a party can file suit regarding property damage or bodily injury damage. The other party in the accident could have years after the accident during which to file a lawsuit against the vehicle owner and/or against you.
Hope this information helps.
Posted: Wed Jun 17, 2009 05:26 am Post Subject:
Guest, we quite often hear this kind of stories. People try to avoid their carriers and agree to pay out-of-pocket only to find out later that the other party keeps increasing their demand. As Tcope has mentioned you ought to get the property damage release if you have made the payment.
I too am interested to know whether you have communicated to the car owner about the accident. What is his view about filing the claim?
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