Need accident advice (someone hit me head on)

[ericdad]

I think you still can file the police report. If you ever talk to her or her husband, try to record the conversation. The fact that they did not file the claim with the insurance company must indicate that they know it is not your fault. Remind (even if it is only bluffing) them you are willing to go to court for this and they will have hard time explaining why they did not contact the insurance company if they think you caused the accident. If you cannot record the conversation, bring 3rd person to listen to the conversation and let them offer you again the settlement deal. Then, tell them good luck trying to explaining why they offered you $750 when they claim you caused the crash.
They are thinking they can get off this easy as you have no proof. Once they know that they have now provided you new proof, they won't want to go through hassle and trouble try to dodgy extra $750.00.

You must be firm and serious and tell them that you are in the process of hiring lawyer and would like to sue them for trying to deny the accident...which is a case of hit and run...kind of. If they think you are bluffing, it won't work. But once they believe you are serious (or nuts), they will be very likely pay up. Talk to them on a speaker phone and record the conversation. It will surely reveal that they know they did it. Then remind them you have now recorded proofs that you will submit to the lawyer and police to get the report. For them to mention you have no proof (if you can get them to say that again) will indicate they are dodgy.

Another evidence for you is that she gave you her insurance detail after the accident. Why would she give you hers if you hit her? Shouldn't you give yours to her instead?

Once you get these few points obtained, explain to them firmly but politely and tell them your plan of action. Also, remind them that they tried to deny their action which should be considered criminal.

If you feel uneasy of bluffing, once you obtain the above things, you may really just hire a accident lawyer. There are many who will only charge you once you win the case. Your case will be a easy and simple win. If you explain to the lawyer, they will be able to tell you you got very good chance of winning. Once the lawyer decide to take your case and (the lawyer) send a letter to them advising them to hire a lawyer, they will contact you to ask to settle it ASAP.

Don't give up and go get your money! Cheers!

[ericdad]

The fact that they did not ask you to pay for the damage is the biggest evidence that they admit they did it.

And unless they can prove that you have funny history of getting into this kind of accident and ask people for money, they will have very hard time explaining to the court that why would you (after supposedly hitting them), asking them for the money. And funny enough, they provide their insurance detail and offer to pay you $750.00. Their words will not hold up at all in small claims court. You will concrete your win by getting some of these on tape.

All the best!

[tibra1]

Bad move not calling the cops on scene..look at the result..

Also how do you get into a head-on in a parking lot?

GL

[m3an]

it appears your are in NJ? I have been an adjuster/appraiser for many years and can give you a little advice. You pay for insurance; shit happens, so use it. Why deal with the headache of fighting somoene else; if, and only if, your insurance can find the other party at fault they can recoup your deductible.

To be honest calling the Police does not matter as they were not there at the time of loss, and the report only is a tool for adjusters in determining liability. If this was on private property, then it really doesn't matter as vehicle and traffic laws don't specifically apply the same. You both have damages on the front of your cars? Sounds like two parties are at fault and you may share some of the liability. Sucks but it is what it is. It's hard to disprove fault when moving forward and striking something with the front of your car unless it was some unique circumstance.

PM me if you need any help



Joe

[mshab356]

I hate people who try to scam their way out of a problem that is their fault. Karma is a bitch, so they will get what is coming to them. Follow the advice from the few posts above and get your insurance to hassle Progressive about this. You're at an advantage because the woman and her husband aren't intelligent enough to get themselves safely out of this situation.

[roastbeef]

Originally Posted by rantarM3

FYI, in some states it is illegal to record a phone conversation without the other person's knowledge.

this.

there is some seriously retarded information that gets passed along in these accident threads.
police generally don't take reports for non-injury tc's, let alone on private property. and they definitely won't take a report the next day or long after the incident where the other party or possible witnesses are no longer present.

best thing you can do is copy license information, insurance information, copy down the license plate (vin if paper plates), and take pictures if you have the ability. gather witnesses yourself and their information as well that you can relay to your insurance company.

[serranot]

Originally Posted by sicilianoNJ

So yesterday I am driving in my condo complex and this girl is driving right at me, thankfully she slowed enough that only my front bumper was damaged, and really not bad enough where i may even need a new one. Either way, we both got out of the car and I didnt call the cops (stupidly i figured because it is private property that cops don't have jurisdiction to give tickets/police report for a wreck on that property).

I got all her information and immediately called her insurance (progressive) and filed a claim. They told me an adjuster would call me by 12 today. I got in touch with her adjuster around 12 and they hadn't spoken to her yet (her phone is dead right now apparently) but they did speak to her husband who is on the policy and he I guess told them what she told him but didnt admit fault. The adjuster told me that they can't make the claim official or whatever until they talk to her personally. They told me her husband would like to try to pay out of insurance to me, and the adjuster gave me the option of dealing with him if I wanted to. I said possibly so the adjuster gave me his number and name.

I called him right after and left a message. So here's the tricky part, the guy calls me back and starts talking about well the cops weren't called so there is no police report and so the courts cant really prove who is at fault. I got an estimate earlier and it is $1300 to fix the front bumper (and thats with replacing it and labor/paint). I told him look your wife hit my car and I just want this settled either way. He kept disagreeing saying no one can prove that and how the best he could do is offer me $750 cash. I told him ok JUST to get him off the phone. I am now trying to decide will I call their insurance adjuster first thing in the morning and tell them what this guy is proposing and continue with the claim (which means I have to wait for them to talk to the girl and get her story)...in which she may say i dont know shit and then im stuck and will have to file a claim with my own insurance and pay my $1000 deductible and risk my insurance going up. Or I can suck it up and pay for my mistake by taking this guys $750 and paying out of pocket at minimum $550 to get my car fixed which doesn't include any additional damage the body shop finds or the rental car I'll need while it is being fixed.

Any advice? Any lawyers in here? Thanks in advance.

Stop screwing around and report this to your insurance company. You might have to wait a bit for your deductible, but it sounds like you're in that position anyway.

I don't understand the risk. Your insurance won't go up, and you won't pay your deductible, if you were not at fault.

Calling the police? Meh. Not sure where all the other people live, but a little bump in a parking lot? Call the police? Really? I can't imagine the cops coming out for that. It would not have even crossed my mind.

And stop litigating this on a discussion board. You know, insurance adjusters read this stuff too.

[Foodle]

Originally Posted by talontid

You pay for insurance; shit happens, so use it. Why deal with the headache of fighting somoene else;

[SROC5]

Originally Posted by Foodle

Double

We all pay insurance so they can deal with the headaches of mediation. My insurance worked out a situation in my favor (same situation, no police report, all heresay who was at fault...) and I didn't have to lift a finger - just waited for my deductable to be credited back to me. Thanks GEICO!!!

[Sean05]

Originally Posted by persian54

I'd take the $750 and file a claim on your insurance that she hit you so it's on record.

Also, next time you call him, record the convo so you can catch him admitting fault

THIS is the best advise.... since no proof id say follow this... by taking the $750 dollars this automatically says that they are taking the blame... so take it... and file a claim...

[Foodle]

Originally Posted by Sean05

by taking the $750 dollars this automatically says that they are taking the blame... so take it... and file a claim...

I would assume that part of the $750 deal is that the OP not file an insurance claim against them (to avoid their rates going up). Going back on the "deal" with the husband (who sounds like such a calm nice guy ), would probably lead to this:

Originally Posted by Foodle

Why do I think that in about a month (once all repairs are done), we'll be looking at pics of OP's car all keyed to hell.

[Sean05]

Originally Posted by Foodle

I would assume that part of the $750 deal is that the OP not file an insurance claim against them (to avoid their rates going up). Going back on the "deal" with the husband (who sounds like such a calm nice guy ), would probably lead to this:

calm nice guy? yea he is but trying to take the blaim out of him... by saying no police report so all he can do is $750? you fawkin kidding me...

[Foodle]

Originally Posted by Foodle

I would assume that part of the $750 deal is that the OP not file an insurance claim against them (to avoid their rates going up). Going back on the "deal" with the husband (who sounds like such a calm nice guy ), would probably lead to this: keyed M3

Originally Posted by Sean05

calm nice guy? yea he is but trying to take the blaim out of him... by saying no police report so all he can do is $750? you fawkin kidding me...

You do understand what the smiley means, right?

[Merlosso]

Like others have said, call your own insurance company and tell them what happened. They will contact Progressive and take care of it. You can get your car fixed right away and then just wait to get your deductible back.

And in the future, always take pictures at the scene. All phones have cameras. Nothing will close a claim faster than a picture of you in your lane and another car coming the other way crashed into the front of you in your lane.

[beanns]

Always call PoPo... Not everyone is as decent as us.

[Templar]

Originally Posted by beanns

Always call PoPo... Not everyone is as decent as us.

+1

Not only was the OP wrong for not calling the cops (IDC if it was on "private property" property or not, a vehicle accident is an accident and should be reported as such), but he was also wrong for accepting the word of this douchebag offering $750 bucks over the phone. You will probably never see that money.

At this point, it's best to just let your insurance handle it. Give them all the info they need. It'll take a while for this to get fixed though, especially since there's no police report to back up your claim that it was her fault.

[Siciliano611]

i am not taking that herb's money and am going through insurance now...have a claim with both his and my insurance, getting car fixed thurs or fri

[Siciliano611]

also there are 2 things which very much point to it being his fault...the fact he offered to give me $750 is now on record and the fact he and his wife have literally no info on me other than my first name....

[Foodle]

OP, keep in mind that the other party will probably now have access to more of your personal info through the insurance claim process. Just food for thought.

[Templar]

Originally Posted by sicilianoNJ

also there are 2 things which very much point to it being his fault...the fact he offered to give me $750 is now on record and the fact he and his wife have literally no info on me other than my first name....

On what record? Did you record any audio of him saying that?

Writing down that "he said he would give me $750" holds little weight. Not saying you're dishonest, but yea...

[persian54]

What if he asked for a cashier's check for the $750?

Then, without cashing it (cause then that's like getting paid "twice"), he uses it as proof that they are to blame
who would write a check without being at fault?

[Foodle]

Originally Posted by persian54

What if he asked for a cashier's check for the $750?

Then, without cashing it (cause then that's like getting paid "twice"), he uses it as proof that they are to blame
who would write a check without being at fault?

Seriously, don't play games with these people (especially since they live very close to you). Let the insurance companies duke it out, fix your car, and move on. A few measly dollars are not worth the aggravation (or worse).