QuestionMy accident happened like this: I was at a stop sign wanting to turn left. A car about five cars up on the left had its blinker on to turn right. It was going slow enough, so my asumption was turning right. I looked to my right to see if any more cars, No, there wasn't so I proceeded to turn left and BAAM, there the car was in front of me. One hit. So I backed up and pulled behind him on the right side after me. I got out and the teenager got out and I spoke, asked him did he didn't have blinker on, and told him that it wasn't much damage. It was a bang on his passanger back door. I mistakenly told him I don't have insurance and the damage wasn't bad. He said ok and went back to his car and I went in mine and I went to work. I didn't think it was a big deal so didn't call police. The following day, Police came to me and asked me what happened and I told him, He says the teenager is telling a different story. I live in MA, So insurance is a big thing. He took my plates and I was able to get insurance and my registration back within two days. I got a a bill from his insurance claim. Stating that I owe him $1830.in damages.
I called and got the pictures and the quote from them. My problem is that I only hit the car once and in the door. How can I prove with pictures that my car did all the damage that is said. Insurance company said that He has received the money, not a autobody service center. The police cited me for failure to rightaway and unreg, uninsured. I now have insurance, but no record of the accident is recorded except what I told them when I got insurance back on. My question, I guess is Is this fraud, and what can I do?
Answer
Dear Doreen,
In direct answer to your question, it could be fraud if the young man is claiming damage in areas away from the place where you hit his car. That should be easy enough to prove with a measurement of the place where your car may show damage or paint on the bumper.
You cannot be held responsible for hitting him up and down the side of his car! I would dispute the billing IN WRITING, INCLUDING A DISPUTE ON LIABILITY. THE POLICEMAN'S OPINION IS NOT PROOF OF LIABILITY. The fact you got a ticket is not even admissible in court.
So hit the insurance company with that AND tell the insurance company that THEY never should have paid him without seeing your car first so that they could know that he is lying.
In addition, if he really is claiming damage that is obviously away from the area of the hit, or appears to be old damage, consider asking the insurance company to call in their anti-fraud unit. MAKE THAT REQUEST IN WRITING. If they ignore you, try the police or your state insurance commissioner http://www.settlementcentral.com/links.php
My big worry now with this clown is that once you pay for his damage, you will get a bill for his ALLEGED PERSONAL INJURIES.
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GENERAL RELEASE FORM: DON'T JUST PAY PROPERTY DAMAGE WITHOUT A GENERAL RELEASE FOR PERSONAL INJURY AS WELL
You are embarking on DANGEROUS GROUND by paying for the damage to the car UNLESS YOU ALSO GET A GENERAL RELEASE FOR PERSONAL INJURIES AT THE SAME TIME. Soft tissue injuries can occur with a bumper hit as you described. The insurance industry loves plastic bumpers since they do save damage to the car. Unfortunately the momentum, the force (mass times velocity) is not dissipated, but can be transferred directly to the occupants of the car.
I would not be surprised to see someone start to notice an ache in his neck about 10 to 20 days or so after the accident. That kind of soft tissue injury can creep up on him and within a month his work is making it harder to sleep at night and next thing you know, you have a personal injury claim to defend. Now what will you do??
It is best that you take care of that item with your car damage payment. Make sure he signs off on a general release that includes BOTH the property damage and personal injuries, known and unknown from this accident.
Tell the insurance company that you think he is at least 50% liable and you will pay no more than that. Then, since they do have your license in potential jeopardy, you can agree to pay FOR HIS DAMAGES, not the entire bill, ON CONDITION THAT HE SIGN A GENERAL RELEASE. Thus, you are going to offer them a compromise on condition that they go and get his signature on the general release I made for you below.
As to your question regarding the insurance company paying him directly: what in the world do you care whether or not he gets the repairs done? You caused damage to his car. You have to pay for the cost of repairs. If he never gets them done, if he wants to drive around in a wounded car and pocket the money, what business is it of yours? Happens that way all the time. The damaged party gets his choice of what to do with his money.
Here is what I would do: draft up your release and tell the insurance company that you are disputing the claim because of his negligence. But that you are willing to pay them for the cost of repairs, but you want him to release you from any and all claims for damage to his property or to his person, to include all personal injuries now known and unknown. Then you will have a good solution—and you never have to worry about a soft tissue injury that could develop when his work places an added stress on his neck that was injured. Does that make sense?
One phone call is OK to firm up what you are going to do, but as to rest of the claim, MAKE EVERYTHING IN WRITING AND GET HIS SIGNATURE ON YOUR GENERAL RELEASE in which you specifically include language such as the following:
GENREAL RELEASE—AUTO ACCIDENT OF _______________
__________________ and _____________________ were in an automobile accident in _____________ on ________________. As a result of the accident, _______________ 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. __________________ hereby pays to _____________________ the sum of _____________________, receipt whereof ________________ hereby acknowledges, and 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 personal 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 _______________
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Now for the hard part, because you did not write to get balled out. But there are three things I want to point out for others as well.
I am sorry to have to use you as an example, but what better proof could there be of the need to maintain insurance and to make darn sure of the facts BEFORE you leave the scene of an accident? Sure, I know it is embarrassing and we all want to just get out of there, BUT wouldn't it be better to make a diagram of damage and have him initial it?
The third thing is to be ready for the unexpected. Go to my website and download and print out our FREE Car Accident Form to put in your glove compartment. KEEP IT WITH YOU IN CASE OF A CAR ACCIDENT OR PERSONAL INJURIES FROM AN ACCIDENT: http://www.settlementcentral.com/page0016.htm
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.
http://www.SettlementCentral.Com
