HAD AN ACCIDENT, NOT AT FAULT, OTHER DRIVER WON'T PAY, WHAT DO I DO? **UPDATE**

[Blingmasta]

Alright, here's the scenario:

I was stopped at a red light behind a pretty long line of cars, car behind me doesn't have time to stop, swerves into the other lane and misses me. The car behind him wasn't so lucky and tried to stop but couldn't and clipped the drivers side corner of my rear bumper. I  got out and said lets pull over into a parking lot and went back and got his license number and then we pulled into the parking lot. We got out and I immediately called the police, and asked for his insurance information. He started looking for it but couldn't find it within about 5 minutes, so I said give me your information and I wrote out this paper that said basically that "Ryan xxxxx rear ended Rich xxxxx and will pay him for a new bumper" and dated it and he signed it and I signed it. I was tryin to help him out a bit by not going through insurance cause he didn't want an accident on his record and he didn't want his rates to go up. I had had an experience where I rear ended a lady and she allowed me just to pay her directly becuase at that time if I had had another accident I would have had my license revoked, so  I was tryin to help him out. So I told him I would call him within a week with a price on the bumper and he said that's fine and thank you so much blah blah blah. So I called im with the price (It was gonna be $222 and i was going to put it on myself) and he told me he would pay me $100 on that Friday and the rest in two weeks so I said great just call me on Friday. Friday went by, no call, called him on Saturday didn't pick up, and since then I've called him about 5 times and he hasn't picked up at all, the accident was about 3 weeks ago. I finally called his house tonight  ( I hadn't before because he said he didn't want his parents to find out) and i talked to his mom and she basically said I'm out of luck because "You should have called the police, this is what I have insurance for, I'm not gonna pay this", and acted as if the whole thing was MY FAULT in the first place. I told her I did call the police, but her son wanted to leave cause he didn't have his proof of insurance on him. She seriously told me I should have called the police about 10 times , and eventually I said "I don't know how what i need to do to make you understand this, but I DID call the police and YOUR SON wanted to leave before they got there." SHe said "He told me that YOU were the one that wanted to leave before they got there." (BTW he did tell her about the accident the day it took place, but never told me that) I told her that no, he was the one that wanted to leave (Why the f%$k woud I want to leave before the police got there?)

So she said that she's not gonna be paying anybody any money and she would call her insurance to see if they would pay it but she didn't think they would so I told her well I guess we'll just have to go to court then. I've got a signed paper where he admits fault and says he'll pay me for the bumper, also there's paint from his car still on my bumper and I KNOW he hasn't gotten anything fixed on his car so the evidence of a collision is still there on his and my vehicles. Am I allowed to tape our phone calls to use them in court (I'm in Tennessee)? Because she admitted her son hit me many times in our last conversation, and I think her admitting that would help me in court alot, but I know in some states it's illegal to record someone without their consent. (I watch peoples court every day.)

I hope I'm not out of luck here, I need some advice on what I need to do to get this money I am entitled to from her. I mean I'm not freakin gouging her, my fender is dented as well and the trim on my brake light is busted too but I'm not asking for any money for those. I told her this is the absolute cheapest way for her, I'm doing the labor and her insurance rates won't go up because of it either. Please help.

[Blingmasta]

BTW, I know I should've waited for the police in the first place, but I can't change that now, and in the future I will always wait for the police to show up. Thanks.

[annguyen1981]

You should have wait for the police.


























Anyway... hire an attorney.

[css4608]

First get 2 or 3 estimates from the most expansive places you can find.

If you know the name of his insurance company call them. I was in the same situation the insurance company had a check to me in a week for the lowest estimate I gave them. The guy who hit me called a few days later to complain his insurance was canceled for him not reporting the claim within 10 days. 

If you don't know his insurance company,
Tell him you have one week to give me my $222 or I will sue you for the $500 or whatever the estimate was for. Include the cost of the rental car etc. If you don't get your money in the week file with small claims court. I bet a lawyer would charge more than your $200

[pandy]

I've heard enough of these stories about someone promising to pay if you don't make a claim with their insurance that I would never be a nice guy like this. Lesson learned, right? 

+1 on getting the 3 estimates (including someone ELSE doing the labor and buying the parts). Do *YOU* have insurance? If so, why not let them handle the claim? If you know the creep's insurance company, file a claim immediately (as in at 9AM tomorrow morning when they open). If you don't, you might call the police, explain the circumstances, and see if you can get any help there. I can't see any reason why you'd get in trouble since the guy wouldn't and hasn't given you his insurance information even though you've been trying to get it for weeks. You being a nice guy is beside the point; you've been trying to get his insurance information, and he and his parents are refusing to give it. There must be SOME law against that!?

Stop being a nice guy. It's nice that someone cut you a break in the past, but it doesn't seem that too many folks have the integrity you showed by following through on your promise to pay.

Good luck with this one, and I'm sorry to hear that you've run into one of the jerks of the world. 

(P.S. Be *very* careful about recording someone without their permission. I don't know what TN law is, but I believe this is dealing with Federal law....)

[rangerbrown]

that paper he signed is worthless with out a witness and/or notorized.



you are out of luck on this one man.

[Jarrett]

You can still file a claim with his insurance company.  You're not out of luck.  Do it ASAP.  Don't be hard on yourself.  I've been in a situation very similar to yours on a couple of occasions.  One time, the person paid up, the other time, they didn't.  I filed a claim with thier insurace company and got a check within a few business days.  Easy money.  Call the police and ask for an after the fact accident report to be made.  In the future, if a person doesn't have insurance info on them, call the police.  Always get the insurance info, doesn't matter if they have to tear the car apart to get it.  If they don't carry insurance, chances are they can't afford to pay repair bills.  If an accident report is filed, it makes the process of getting money much easier, and faster.  Liens are put on thier crap, or thier wages are garnished.

[Turd Ferguson]

You didn't get a police report dude.  You have to cover your ass, no matter what!  I understand that you were trying to cut him a break, and I commend you for being a nice guy.  You've GOT to look out for #1 first though.

-Turd.

[pantablo]

report it as a hit and run...suggest you saw an open container of alcohol. you did, didnt you? LoL. let them sort it out in court. NEVER allow them to do it without insurance unless they hand you CASH right there.

[yamahonkawazuki]

I've heard enough of these stories about someone promising to pay if you don't make a claim with their insurance that I would never be a nice guy like this. Lesson learned, right? 

+1 on getting the 3 estimates (including someone ELSE doing the labor and buying the parts). Do *YOU* have insurance? If so, why not let them handle the claim? If you know the creep's insurance company, file a claim immediately (as in at 9AM tomorrow morning when they open). If you don't, you might call the police, explain the circumstances, and see if you can get any help there. I can't see any reason why you'd get in trouble since the guy wouldn't and hasn't given you his insurance information even though you've been trying to get it for weeks. You being a nice guy is beside the point; you've been trying to get his insurance information, and he and his parents are refusing to give it. There must be SOME law against that!?

Stop being a nice guy. It's nice that someone cut you a break in the past, but it doesn't seem that too many folks have the integrity you showed by following through on your promise to pay.

Good luck with this one, and I'm sorry to hear that you've run into one of the jerks of the world. 

(P.S. Be *very* careful about recording someone without their permission. I don't know what TN law is, but I believe this is dealing with Federal law....)

aye, in order to tape the calls, you have to inform them at the BEGINNING of the conversation. to avoid a wiretapping charge., that aside, a witness would have helped on the agreement

[rob1bike]

For 500 bucks and travel fees I'll get him to pay you

[Blingmasta]

that paper he signed is worthless with out a witness and/or notorized.



you are out of luck on this one man.

So according to your statement every single contract I have ever signed is worthless, cause I never had a witness? Hard to believe.

I did have a witness though, he had a friend in his Jeep with them.
But, I've got great news. She actually did call her insurance, and they called me this morning and I've got to go get an estimate for the damages and the insurance is gonna write me a check. The thing is, I don't know if I should get money for my fender and brake light as well, because that would bump the price up and I didn't really claim any damages on them beforehand, just the bumper. Oh well I'm off to the body shop right now to get it checked out cause I need that money B-A-D.

[pandy]

The estimate should include ALL damages, plus the labor to fix everything.

No more Mr. Niceguy. Get what's rightfully yours. ALL of it!

Take the insurance money, buy the parts, and fix it yourself. I'm glad to hear it's working out! 

[pantablo]

great news!

[natedawg120]

yeah i got dicked over that way once.  I contacted the police after he was unresponsive to calls, filed a report with damage and note (got chewed by the police but not to bad), they contacted the DMV and gave me his insurance information, he was charged with hit and run, and i fixed my car and pocketed the rest.

Glad to hear that you are getting the funds finally.

[Jake D]

Contracts don't need to be notorized.  All you need is offer, acceptance and consideration.  They don't even have to be in writting unless they are for more than $500, for the sale of real estate, or have a duration of more than a year (this rule is called the statute of frauds). 

Don't worry about hiring an attorney.  None of us will touch it for $222.00.  That is unless your back has been hurting ever since.   Small claims court is your best bet.   Just stop by your local (county) circuit court and they'll help you file the petition in the small claims court.  You'll need a service address for the defendant.  Hopefully you got that.  If not, you'll need to get it.  If you have trouble getting him served, you can always hire a PI to do a skip trace for you.  Should only cost around $50 for a service address.  Also, if you didn't fill out a police report, I'd call and see if you can phone in a delayed one. 

[Blingmasta]

HAHA, I just deposited  a check from the insurance company for $1,054 and I'm keeping every penny of it cause you can barely tell the truck even got touched. I mean she could've just given me the $222 and be done with it but she had to be a Buddha Loves You and make me go through her insurance, because she was sure her insurance wouldn't pay a dime either. But hey now her rates are gonna go way up and she'll end up paying WAY more than $222. That's karma.

[Wrongside]

Serious congrats to that my friend


Merry Christams 

[Blu_Spd_Dmon]

HAHA, I just deposited  a check from the insurance company for $1,054 and I'm keeping every penny of it cause you can barely tell the truck even got touched. I mean she could've just given me the $222 and be done with it but she had to be a Buddha Loves You and make me go through her insurance, because she was sure her insurance wouldn't pay a dime either. But hey now her rates are gonna go way up and she'll end up paying WAY more than $222. That's karma.

Im glad to hear it worked out!

[natedawg120]

dude that is freakin awesome.  I am really drunk so i can't think of the right thing, dude buy a PS3