Car accident question: get insurance involved?

[frosty]

Had some kid rear-end me Sunday in my beloved Volvo 245. I'll spare y'all the dramatic details, so here' s the abridged version. I was at an intersection with flashing red lights (apparently the signal lights were malfunctioning, so it defaulted to flashing reds). The 4-way stop rule applied in this situation, and as one car moved up, so did the one behind it. It seemed the kid behind me wasn't paying much attention and rammed into me. It was a big jolt and loud. I motioned him to pull aside so we wouldn't piss off the Sunday drivers. Got to a safe residential street, got out and dreaded the worst. Whoa, rear looked fine, save scratches on it. I went to him and ask if he was okay (out of courtesy and humanity ). Got his info, but he didn't have a license and claimed he forgot to bring it (whatever). The car was under his mom's name, so was insurance. Anyhow, it was his fault, and he acknowledged it. I almost felt bad for him, seeing that he obviously felt bad about hitting me and his admission of guilt.

I talked to his mom later that evening, and being a nice guy that I am eased her anxiety and told her that I don't want to get insurance involved if it's not necessary and that I'm not going sue her for millions or whatever. I just want to have my car checked out at my mech. and have any repairs done that was caused by the accident. Most likely I will need to get the rear gas bumpers replaced and maybe the engine and tranny mounts, as I've heard they can be affected even at low-speed hits (don't know how fast he was going, but it was a big jolt, as I've mentioned, but the damage doesn't really reflect that. The gas bumpers on these Volvos did their job by minimizing body damage

I'm a big Volvo nut, so I sorta know what to look for and replace. I gave the guy an option of paying for the damages himself or have insurance take care of it. He said he'll pay for any repairs. So far it has been "pleasant." I don't know, people are telling me to play hardball, but I really just want to make sure my car is alright, have any damages repaired and have the car back in shape to the way it was before. I"m not asking for a new bumper, but I defintely want the gas shocks replaced since they are a 1-hit only part and any other parts replaced or fixed. I will have the car put on a lift for inspection sometimes this week. I want to get this done asap and as pleasantly as possible. Maybe I'm being too nice, and I wonder if he would too if it were me who was the offending party. For some reason I feel empathetic and can only imagine what the kid and his mom must be going through. I know I don't want to feel that way if I were in an at-fault accident.

Btw, yes, my back did feel a bit sore immediately after the accident, but, again, I don't want to go through all this insurance crap, and I definitely don't want to get money-hungry lawyers involved. They make small things bigger and worse, it seems.

What to do? For a "small" accident, settle privately or bring in the big guns (insurance)?

edit to add: Yeah, I didn't call the police because I figured it was a minor accident, and they'd get ticked off for wasting their time

[waybomb]

It's too late now, but I would have had a Police report made. In some states, maybe all, if damage is above $xxx.00, you are required to file a report.

After that, how it is paid for is betwen you and the other party. You can choose to use insurance or not.

But at least with the Police report, you have a record of what happened.


OBTW - I'll have to admit, I once had a young girl very slightly rear end my car with my wife, and my at-the-time 9 month old son starpped in. The young lady was going to fall apart. There was no evidence of any damage to my car, so i just let it go. I don't recall why, but this was a big mistake on my parts. Nothing ever came of it.

[tankdriver]

I wouldn't expect to get paid. I don't think you help the kid by letting him slide either.

[Matt L]

Always deal with the insurance agency. Don't let the owner talk you out of it. While the agency is also out to minimize their losses, at least they lack emotional involvement.

[catmandoo62]

here in iowa if damage is over $500 you have 72 hours to file a police report.

[Brian Carlton]

Originally Posted by frosty

edit to add: Yeah, I didn't call the police because I figured it was a minor accident, and they'd get ticked off for wasting their time

That's pretty much seals the deal. You won't be able to do much with the insurance companies without that police report. In fact, usually it's a legal requirement if there is more than $400. in damages (NY law).

If he doesn't pay up..........just sue him in small claims court. He can choose to give it to his insurance company.........or not. Just leave your company out of it.

The one problem that you do have is the possibility of a total denial by him. Without a witness, there's no proof that he ever damaged your vehicle.

[sixto]

Originally Posted by frosty

Yeah, I didn't call the police because I figured it was a minor accident, and they'd get ticked off for wasting their time

With everything else on their plate, I'm sure they appreciate a mundane call from time-to-time.

Sixto
87 300D

[danwatt]

I've been rear-ended twice lightly and just told them not to worry about it. First time there was no damage at all, just a tap. Second time I had some scratches on the bumper... fortunately for them my car was all primer as I was going to paint it within a week.

[mgburg]

The wifey got whacked in the rear a few months back...turns out the lady did have insurance, but she was driving on a suspended, and even though she "hinted" of alcohol, the cop on the scene didn't run it.

Turns out that babe was a nutcase...it was a good thing the wife had the cell and called the cops...the babe was screaming that the wife didn't need to call the cops and then she tried to blame the wife for stopping short and the like.

She ended up with another ticket and we/wife didn't have any noticeable/traceable damage to the W123.

Insurance took care of wife's run to the hospital (the babe ragged the wife so bad she started to have chest pains...better safe than sorry...and that ended up costing the babe's insurance company more bucks...)

I've made it a rule to call the cops, regardless...

[MS Fowler]

My wife was rear-ended THREE years ago ( this April) and its STILL not settled!
However, due to some very fine advice from several members on this forum, we have changed lawyers, and things are moving along.

[Kuan]

I don't think you are doing the kid any favors by trying to settle out of court.

[Jim B.]

As a practical matter, you are doing the worst thing possible.

A guy that owned an auto body shop in San Francisco (who had to deal with Insurance adjusters every day of his life - (they are called "adjusters" because they have to "adjust" his estimates downward, look for overlap, etc.) told me this:

"Always start out tough and then, you can ease up as you go along, if you feel like it.

That is a LOT easier than starting out as a nice guy, and trying to get tougher as you go along.

Come to think of it, 20 years later, after I heard it, that is actually pretty good advice for just about ANYTHING you can think of....

[Mistress]

i'm not a lawyer, i just play one on t.v. file a police report you don't know if this kid was driving on a suspended license or not, if you have a report number you have something to fall back on if you have to take them to small claims court.

[Hatterasguy]

First mistake was not calling the police, without an accident report you have nothing.


When an accident happens don't move the cars, F the people behind you they can go around. Take out a camra which you should keep in your glove box and take a bunch of pictures while calling the police. Then if its minor like this move the cars out of traffic. Don't worry about blocking traffic if you do the pissed off people behind you will start to call the police making things happen faster.

Next get an estimate from a body shop, if the people are willing to pay it fine, if not go through insurance. Thats what insurance is for, thats why you have it, use it.

When my moms Rav4 was 4 months old someone tapped the rear bumper lightly, just some scratch's. Well those scratch's cost $700 to repair.

As for its just a kid, screw that he messed up why should you suffer? I was almost T boned when a bunch of "kids" in their moms Maxima went around a 25mph corner at 70 and lost it, missed the front of my 300SD by about 5 feet as they went sideways, jumped the curb and luckly for them stopped in some soft grass/mud. They were coming the other way on a two way street and I could see they were going to lose it on that corner so I slowed down, sure enough they did. If I hadn't they probably would have T boned me in the drivers side.

Anyway they were trying to get out and I parked my SD in a way that blocked them in. They were like were sorry man don't call the cops, to late. The cop showed up and they started lieing to him about how they wern't speeding, he got pissed and I left right as he was getting pissed.

[Jim B.]

Originally Posted by Hatterasguy

First mistake was not calling the police, without an accident report you have nothing.


When an accident happens don't move the cars, F the people behind you they can go around. Take out a camra which you should keep in your glove box and take a bunch of pictures while calling the police. Then if its minor like this move the cars out of traffic. Don't worry about blocking traffic if you do the pissed off people behind you will start to call the police making things happen faster.

Next get an estimate from a body shop, if the people are willing to pay it fine, if not go through insurance. Thats whay insurance is for, thats why you have it, use it.

When my moms Rav4 was 4 months old someone tapped the rear bumper lightly, just some scratch's. Well those scratch's cost $700 to repair.

That is EXCELLENT advice.