OK, I was with my beater (no ITR, heh) and I made contact with a 350Z, my left fender hit his right front fender, there was no witenss, no police report, I didn't know what happened but we made contact, he claimed I ran into his lane and hit him. (I was day dreaming and wasn't sure if I actually ran over to his lane or not) The contact was made a a very low speed, 5mph maybe, he only has some paint off his fender, no metal damage. I report to my Allsate isurance and told her the story that we made contact but I am not sure if I ran over to his lane. He reported that I ran over to his lane and hit him. Allstate came back and said they won't pay him and he was all mad, calling me all day and asked me to called my adjuster to make them pay for it. I called but my adjuster said it seems to her that I am not at falut and no one can prove because no witenss and no police report, they can pay if I admit it's my fault by my premium will increase by est. $2000 over the next 3 years.

What will you do if you are in my case? If allsate does not pay him , my premium will not be affected but I will be hassled by this dude. Allstate adjuster even said she can tell him not calling me or they will call the police. First accident in 12 yrs of driving and I don't know waht should I do now....

Cliff note: no witness, no police report, insurance said I was not at fault, the 350Z guy was bitching at me I was not telling insurance the truth. I told insurance what I knew. What will you do?


Modified by Sam at 11:50 AM 6/16/2004


Modified by Sam at 11:50 AM 6/16/2004

 

As bad as this situation is I wouldn't help the guy out if there wasn't a police report filed. Filing a police report in any incident is always the best thing to do in a slight fender bender

As you said you don't know how the incident happened.

 

can you pay out of pocket to end it?

if not go tell him to suck an egg.

he's got no proof, right?

 

I am not going to pay him out of my pocket cause it will be around $2000 to fix that 350Z even with so little damage.

And yes, he has no proof, no witness, no police report.

 

how is this ITR related?

 

It sounds like to me that you're trying to be a good guy.....cause if there was no proof....i'd be dippin his calls mighty hard...and say screw even having the convo with your insurance company at all....but i don't think you should do anything if it was serious there would have been a police report

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by DragII &raquo;</TD></TR><TR><TD CLASS="quote">how is this ITR related?</TD></TR></TABLE>

haha

 

Oh sorry, I wasn't with my ITR but I know you guys are good folks who can give me advice, even it's not ITR related.


Modified by Sam at 11:59 AM 6/16/2004

 

He will learn that you ALWAYS need a police report if there is any damage. Even if your boss runs in to your car parked in the parking lot... I would let him learn his lesson.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Sam &raquo;</TD></TR><TR><TD CLASS="quote">Oh sorry, I wasn't with my ITR but I know you guys are good folks who can give me advice, even it's no ITR related. </TD></TR></TABLE>

that was smooth as helll.....and smart as hell to....hehehehe

 

If and this is a big IF, you could be the nice guy and call the cops and see what they say about a situation like this.
if they say the other guy is screwed, your in the clear. But this guy might make a civil suit out of it.

beware!

 

Buy him a paint pen to fix the scratches.

Or offer to have a detailing place touch it up.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Bbasso &raquo;</TD></TR><TR><TD CLASS="quote">If and this is a big IF, you could be the nice guy and call the cops and see what they say about a situation like this.
if they say the other guy is screwed, your in the clear. But this guy might make a civil suit out of it.

beware!
</TD></TR></TABLE>

technically they can both be charged with leaving the scene of an accident. The guy wouldn't be too bright to push it. He could try a civil suit but again with no witnesses, etc it'd be hard to prove. Plus, it was reported to insurance and they declined it, I'm not sure you can then sue the person who's insurance declined the coverage. I'm not a lawyer though.

 

Legally speaking, the insurance company do NOT have to pay a claim to the other party if the policy holder denies fault.

However, how the hell could you not know what you did? To me it's more like an excuse for yourself. If you didn't know how and what happened, it's most likely that it WAS your fault.

All I can say is, you can screw the 350Z by playing dumb like what you are doing now; or "try to recall your memory" and see if it was your fault and admit it to your insurer.

 

I have been in your boat ( very close to what happend to you). If there was no report then there is no proof of an accident. He has full coverage on that can and should of made a report to the police, he did not because he does not want it to get back to his ins co. So he realy cut his own . I would recomend you change your # and not look back. You made the report and what your ins does is not your fault, if he filles a suit then it will be at your ins not you. ( they have more $$ than you do).
Let them deal with it and quit trying to be such a nice guy. I know this sounds harsh but that is why we have all have ins..

 

Well there is a good chance it was your fault. To get the guy out of your hair, and because it is such a pointing game at this point, you both should SPLIT the cost of repairs. The easy thing to do would be to ignore him forever. The right thing to do would be to compromise and hopefully work out some sort of split agreement. The main thing here is that both of you dont want any insurance increases resulting from this...because ultimately, that is where the big $ hurt comes from.

 

in my state it is required by law that you report/file police report on any and all accidents with more then $1000 property damage or any personal injury at all. you could even lose your license if you fail to report it. consider both of you lucky..

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Rene M &raquo;</TD></TR><TR><TD CLASS="quote">I have been in your boat ( very close to what happend to you). If there was no report then there is no proof of an accident. He has full coverage on that can and should of made a report to the police, he did not because he does not want it to get back to his ins co. So he realy cut his own . I would recomend you change your # and not look back. You made the report and what your ins does is not your fault, if he filles a suit then it will be at your ins not you. ( they have more $$ than you do).
Let them deal with it and quit trying to be such a nice guy. I know this sounds harsh but that is why we have all have ins..</TD></TR></TABLE>

If he file suit, it will be aginst me(my insurance told me). And he won't split the costs I am sure. Maybe you guys are right, I don't know what happens is what my mind is trying to deny I did make a mistake, I need to think back and see what "really" happened.

Rene: So, are get out of it and this guy never hassle you?

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Sam &raquo;</TD></TR><TR><TD CLASS="quote">Oh sorry, I wasn't with my ITR but I know you guys are good folks who can give me advice, even it's not ITR related.</TD></TR></TABLE>

So, since we're all good folks, maybe I can get some advice here about choosing kitchen cabinets and countertops.

P.S. There's no way that paint-only damage from a 5 mph hit will cost $2000. I know (from personal experience) that I can get an entire ITR bumper repainted by the best, most expensive body shop in the Chicago area, and it will only cost $700. And probably more like half that from most of the other body shops in the area.

 

F 'im.

That's what Comprehensive is for...

Deny. Deny. Deny... make counteraccusations.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by ITR 98-0652 &raquo;</TD></TR><TR><TD CLASS="quote">F 'im.

That's what Comprehensive is for...

Deny. Deny. Deny... make counteraccusations.</TD></TR></TABLE>

Well if I was the 350Z owner and I KNEW it wasn't my fault, I would persue legal action against whoever I could. But then I would have filed a police report when it happened. You are trying to make his rates go up for something that is likely Sam's fault to begin with.

 

where are your ethics in this. If you know that you are responsible for it, offer to pay out of pocket so that your insurance rates don't go up. It the right thing to do (only if you are sure it was your fault)

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by canuck-mx6 &raquo;</TD></TR><TR><TD CLASS="quote">... (only if you are sure it was your fault)</TD></TR></TABLE>

Perhaps there was a convenient "lapse of memory", not to mention the lapse of attention that allowed this to happen in the first place!

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by canuck-mx6 &raquo;</TD></TR><TR><TD CLASS="quote">where are your ethics in this. If you know that you are responsible for it, offer to pay out of pocket so that your insurance rates don't go up. It the right thing to do (only if you are sure it was your fault)</TD></TR></TABLE>
i would have to agree. imo it sounds like it was your fault. try to imagine if you were in his position and someone hit your R. how would you feel if the other person denied everything and you ended up paying to fix the damage. tell him your insurance wont be paying him and offer him $150 to fix it, thats the best you can do.

 

I wasn't sure if it's my fault or not, but some of you pointed out, it may be my mind is telling me that I didn't make the mistake.
If it's my fault, I will have my insurance pay for it(it's too much cash up front&gt;$2K to fix that Z).
I guess you guys comvince me that it's my fault....I am going to call the insuance co. and have them pay that dude tomorrow.