QuestionI was in an accident where i rear ended someone else. I admit i was at fault but the other driver could not provide me with any form of ID or License or current insurance. I got a CHP report but they looked at me like i was stupid. what should I do?
AnswerHi Matthew,
No one could even venture a guess as to what you should do UNLESS you tell us some critical facts. I am going to use the little you told me to guess at what should be done, but first I will identify some of the facts that would be essential to know. This might appear to be a minor situation, but there is a lot that can go wrong in small accident claims, so I am going to give you the better part of an hour of my time to clarify some of the myths surrounding small accident liability and settlement.
To start with, let's look at seven introductory topics and the importance of each.
#1. amount of damage to the vehicles: if minor, do not report to your insurance if there is a chance to settle on your own for a reasonable amount. Also, minor accidents need not be reported to the state—see below.
#2. any injury to the victim or passengers? If so, then notify your insurer once they idenfity themselves.
#3. did you give them your name & contact info?
#4 do you have liability insurance?
#5. did you give them the name of your insurance carrier? Hopefully not, since you may wish to settle this on your own.
#6. did you notify your own liability carrier? If no—then DO NOT TELL YOUR INSURER unless and until the victim comes forward and makes a claim.
#7. What does this mean? "I got a CHP report"—my guess is that you DID NOT get a "report" per se, since that would mean the police were called and a report was completed. In which case you would have the name of the victim. My guess is that you mean you went in and picked up a report FORM to be completed. Is that correct?
OK, Matthew, let's use some of the questions above to help us figure out what you should do now.
First, there is NO DUTY WHATSOEVER to report any accident unless the property damages exceed a specified amount. In many states, that amount is something in the range of $350 to $500. So, if there was little damage, and no injury, forget about making the report. If there was more damage than the base amount, go ahead and complete the form with no identifying information for the victim. Two-bits says that they are either an illegal alien or there is a warrant out for their arrest.
Second, IF the victim contacts you to get some money for damages in lieu of your reporting this to your own insurance, then DO NOT EVER GIVE THEM ANY MONEY UNLESS AND UNTIL THEY HAVE SIGNED A GENERAL RELEASE FOR BODILY INJURY AS WELL.
Many people prefer to pay a cash settlement instead of using their insurance, so as to avoid having to pay increased premiums. BUT, they NEVER protect themselves versus a later claim for bodily injuries.
What if you paid $500 for property damage, but a year later they came back to you with medical documentation that they had been undergoing treatments from a month after the accident? NOW they want $$$$ for bodily injury. This is not some made up example to scare you, but it is based upon real facts.
Often the victim of a small damage accident will suffer bodily injury but they will just "deal with it" for a bit, thinking it will just go away. Then, after a month or so of not being able to roll over in sleep without pain, they go to see a doctor, who commences treatments for soft tissue injuries.
If you paid for the damage to the car after one week, but before they started treatments, then they can come after you for a bodily injury claim UNLESS YOU MAKE THEM SIGN A GENERAL RELEASE, INCLUDING BODILY INJURY. Does that make sense?
I cannot give you a form since this site does not have HTML coding in its answers. You can email me via my site: auto accident settlements www.SettlementCentral.Com
Look for the "contact us" button (top of home page) and be SURE TO TELL THEM WHERE WE MET, so your message will not end up with no answer. We get many dozens of inquiries a day from non-members, so be sure to mention ALLEXPERTS.COM in your subject of the email.
Then I can send you a form to print out in case the victim wants a cash payment. I am going to try to put the form below, but the format of the answer block at allexperts.com does not preserve formatting in the form, so it may be gibberish.
Xxxxxxxxxxxxxxxxxxxxxxxxxx
GENERAL RELEASE—AUTO ACCIDENT OF ___(insert date)_____
_______(insert name)_____________ and _______(insert name)__________ were in an automobile accident in __(insert city)___________ on the date specified.
As a result of the accident, _____(insert name)________ suffered damage to his vehicle, and may have suffered personal injuries.
Without admitting fault, the parties wish to settle and compromise all claims arising from this incident forever. ____(insert your name)______________ hereby pays to _____(insert his name)________________ the sum of _____(insert $$ amount)____, receipt whereof is hereby acknowledged, and _____(insert his name)__________further states that said sum constitutes complete compensation for all claims from said incident, whether known or unknown, and to include both property damage and any and all bodily injuries that might have been suffered in said incident.
This General Release and payment made hereunder are intended to bring closure to this matter and any further claims shall be forever barred.
Dated _______________ ________________________________
(insert witness name)
_______________________________ ________________________________
(insert your name) (insert his name)
xxxxxxxxxxxxxxxxxxxxxxxxxxx
That is about it, Matthew. They may never show their faces to you if they are on the run versus the law. In that case, do NOT report this to your insurance.
Good luck with all of this, Matthew. I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
