QuestionI have had two at-fault accidents in the last month.
The first involved my car only; I slid off the road into a ditch in icy conditions.
I contacted the police but was told that in severe weather they waive the
requirement to file a report due to the number of accidents that occur. I
contacted my insurance company and had my car pulled out of the ditch. I
then drove to a local dealership for an estimate. I thought the damages were
minimal, but the estimate totaled over $2000! The main expenses involved
replacing the front and rear bumpers and the muffler (which was
rubbing/wrapped around the rear wheel/axle).
The bumper damage was minimal (and cosmetic only), the muffler stopped
rubbing a couple days later, and I was told the car was safe to drive. I
considered not repairing the vehicle because I can't really afford the $500
deductible right now, but I still owe $1500 towards the car and was under the
impression that I was REQUIRED to fix it. So, that's my first question: do I
have to repair the vehicle if I am not the lienholder? Can I pay the remaining
balance instead?
In the end, I decided I probably WOULD pay the deductible and have my
insurance pay for the repairs, although not immediately. GEICO told me I
could wait to have the repairs done and pay the deductible, but I would have
to make an appointment for one of their adjusters to do the estimate now.
Unfortunately, before I could have the estimate done, I got in a second
accident. This time I rear-ended an SUV at a stop light. There was no visible
damage to the other vehicle, but my front end was clearly in worse shape
than before. I admitted fault, and we exchanged information. The other
driver wanted to avoid involving his insurance and said he probably wouldn't
make any repairs. We did not call the police and an accident report was not
filed.
My car is drivable, but the front bumper/wheel guard are rubbing
substantially against one of the tires. I am pretty sure this time, I'll have at
least some mechanically-necessary repairs.
I contacted my insurance company and informed them regarding the second
accident. They said I would now have to pay two deductibles if I wanted all
the repairs done. So now I'm trying to determine if I can pursue only the
second claim, pay one deductible, and have only some of the repairs done. I
would leave the rear bumper and muffler alone or maybe cover the cost of
those repairs on my own (they total less than $500). However, I'm not sure if
that is even an option. Will the insurance company refuse to fix the more
extensive damage to the front end, claiming that it was already damaged in
the first accident?
Finally, I have a problem with "the law." Apparently, state law in Iowa requires
an accident report to be filed when damages exceed $1000 (which I am sure
they will for this second accident). While I know failing to report the accident
is technically illegal, I'm wondering if there is any way the police/DMV would
find out if I didn't report it? I'm already in pretty bad shape when it comes to
my driving record (big surprise!), and I'm concerned that charges will be filed
and/or my record will be negatively impacted if I do report the accident.
Please advise!!
AnswerHi Melissa,
WOW! If you have a lienholder on your car, the insurance company will make any checks payable to you and the lein holder. I would suggest that you have theh insurance company assess & pay both claims. When you receive the check for $1500.00 for the first accident, use it to pay off the car and get rid of the lienholder. Then you will get a check for the second accident payable to you for the amount of the repairs less your deductible. Then you can have what ever repairs are needed to make the vehicle drivable.
As for the legal situation, I am not specifically knowledgable on Iowa traffic law. However, if the other person is not claiming you owe them any money you should be just fine.
I hope this helps
Richard Hixenbaugh
