Need accident advice (someone hit me head on)

[Siciliano611]

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.

[Arben72]

If you stay at this condo it is probably high end. So that means it has cameras. Start there and I think you can make a police report within 3 days of the incident depending on local laws. Start with cameras.

[Siciliano611]

No cameras where the wreck happened i know for a fact

[Siciliano611]

also no police reports retroactive in my city

[mcp202]

I hate to break it to you but you are more than likely SOL. You should have definitely got the police involved and had them tell you they do not respond to private property accidents. It is not too late now, however, they will more than likely not be able to determine “fault.” At minimum, they should file an incident report and contact the other party involved. I am sure her story will have changed. It appears Progressive told you they can’t make a liability decision until they speak with their insured which is an appropriate response. Good Luck!

By the way, what exactly happened?

[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

[Chachi112]

my rule of thumb is if it looks like its going to over $500 in damage to call the cops...best of luck and i hope all gets settles

['Cane]

Similar thing happened to me years ago. The other driver left the scene and drove to his house while I waited for police. When the officer showed up and we went to the guys house, he offered up what was obviously a fake insurance card. When I mentioned it, the officer threatened to arrest me. I never collected a dime, and had to pay for the costs of repainting my bumper out of my pocket.

[mcp202]

Disregard the question about exactly how the accident happened. It looks like she hit you head on in your lane. I read the title and post again.

[rantarM3]

Did you give her your insurance information? If not, then you may have an easier time proving that she was at fault if her husband insists on trying to scam you. Think about it this way. Why would anyone who is NOT at fault volunteer their insurance information but not obtain the other party's? It's very unlikely that anyone would give you their information with you being at fault and walk away without yours. I hope you did not give her any of your insurance info (as it seems there would have been no need to).

Any witnesses/bystanders?

Make a detailed record of each conversation you have with her, her husband, and the insurance adjuster. Date and sign each document (even get them notarized if you want to deal with the extra effort). If you have to go to small claims court and you're prepared with documents drafted contemporaneously with your discussions, it might prove helpful.

[rantarM3]

Originally Posted by persian54

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

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

[Siciliano611]

she doesnt know ANYTHING about me other than my first name and number...nothing else

[rantarM3]

Originally Posted by sicilianoNJ

she doesnt know ANYTHING about me other than my first name and number...nothing else

Make a record of that. If you gave your information to the insurance company, they may be able to get it from them. Perhaps you can beat them to the punch by getting some admissions through some text messages/emails. Better to have it in writing than just through phone calls.

[kmarei]

Worst case
Pick up a used front bumper from the for sale forum
Fill in the reflector holes
And repaint it
Good as new

[Foodle]

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.

Why did you do this?

Why didn't you just call your insurance company, give them the relevant info, and have them go ream out Progressive?

[persian54]

Originally Posted by rantarM3

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

True.

[ThunderMoose]

File it on your insurance. They'll go after Progressive to get them to pay. Worst case you're out of your deductible.

[TTG]

Originally Posted by Chachi112

my rule of thumb is if it looks like its going to over $500 in damage to call the cops...best of luck and i hope all gets settles

+1.... I always call the cops no matter what the story is.....

You are lucky even if you see the $750 IMO

[MatthewDavid]

I don't think the cops respond if it's on private property or under a certain amount of damage. Depends on your state I suppose?

Forget her husband and let your insurance handle it like the other guys said. I understand your desire to just make it go away, especially if they live in the same complex, but it sounds like the cop is trying to abuse his power. Did you get his badge? File a report if you can...

[Siciliano611]

no idea what you are talking about matthewdavid, the cops were never involved....

[hieu1004]

Live and learn - you should have called the cops - but what's done is done.

I am no lawyer and in no position to give legal advice, but if it were me, I'd stop trying to deal with the husband (doesn't seem like you're going to get far) and call my insurance. Typically, your insurance will be much easier to deal with and they'll just go after the other person's insurance company after all is said and done. However, I am not sure if this is too late or not since you contacted the other insurance company? You can always call and ask. Anyways, good luck and I hope everything works out!

[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.