Why me?

[Aquatic Life Direct]

Just wanted to hear your guys opinion on something. April 11th i and the family was in a car accident. It was minor. I was at a red light when some guy rear ended my car. We tried to work it out without getting insurance involved so I called this body shop and they told me what it would cost to fix the rear bumper. The guy got pissed off and said a $100 would cover a paint job on the bumper. He even gave me his business card. I told him he was out of his mind and that if he didnt want to pay i will call the police and go through insurance. He ended up fleeing the scene and i took pictures of his car before he left. I got a call today from the insurance company and the damages do not exceed my deductible so i have to pay for the damages myself. He might have also had not paid for his insurance and had a laps in coverage. He also said that I backed my car into his but i have a witness that was also interviewed but the insurance company. I baby my car to death. I always keep it in showroom condition! Would it be worth it to hire a lawyer and take this guy to court? Or should i just take the loss?

 

[D1J8Z]

unfortunately, you should just take it as a loss.

Next time make sure to file a police report while the person is still there. If there is no report there really is no evidence that the accident actually took place or documentation of who was actually at fault.

Sorry hope everyone in the car is ok. At this point that is the most important.

 

[NYreefNoob]

alex shoot me ur number and i'll guide you on what to do. seeing autobody and dealing with auto insurance is what i do for a living

 

[TimberTDI]

 

[Aquatic Life Direct]

I did file a police report. The main issue is that the damage doesnt exceed my deductible.

 

[Davidl919]

First call Rick and If there is a next time never let them leave, get a report filed regardless of wether you call the insurance company or not, once this is done if the other person backs out you can claim against their policy not your own. No deductible.

 

[Aquatic Life Direct]

also i was told that there might have been an laps in the other guys insurance. What if he didnt have insurance? Do i still sue? I dont want to be in a situation where i end up having to pay more than just the damage of my car....

 

[michael stern]

Unfortunately, once you leave the scene, then you both "fled". It's illegal to leave the scene of an accident without filing a police report. You call the police and wait. If he leaves, he's toast. If you both leave, doesn't matter who leaves first. It's he said/he said.

 

[Aquatic Life Direct]

I did not leave the scene. sorry michael for not getting really into details(i left some out) but i did file a police report and did not leave. The other guy was the one that left the scene. I was just wondering what would happen afterwards. It was obviously his fault but yet he says i backed my car into him at a red light.. Should i spend the extra money and hire a lawyer to get my money back? I've never had an issue like this before so i dont know if it worth it or a waste of time and money. A friend of mine stopped by today and he says it wasnt worth it but another friend says he would do it out of principle....

 

[junglebase]

You do not even need to get a lawyer's help. You can sue the person in small claims court. If you have the license plate number of the car, you can sue the owner for the expense you shelled out. The police report will help you when it comes to the hearing because that will prove he was in an accident and left the scene. The small claims court has a cap amount though, and i am not sure if your expenses exceed that cap. If it does, you can just sue for the amount allowable by the small claims court. The same scenario happened to me, a car hit my van and drove away. The driver didn't realize, the impact dislodged his license plate. I paid for the deductible, sued him, and the case went to arbitration and he eventually settled before the case even went to court. The incident happened in NJ so i do not know if it is the same in NY.

 

[Aquatic Life Direct]

he is also out of state... from MA

 

[nyc reefer]

Did you get an accident and a compliant number already? If not go to the precinct that responded to the scene with $10 check or MO and get a copy of the report. After you have it read what the officer wrote on it. If he wrote that the owner of the other veh. rearended you and fled, he's done. Just get the car repaired out of pocket and have your insurance persue the other guy or you can file a claim against him in civil court. Good luck.

 

[emmanuel]

the deductible is only if your insurance had to pay for it If he does have insurance they will pay even if the damage is less than his deductible . Keep in mind insurance companies will BS their way out of paying you so you really have to insist on getting things in writing , I had a guy total one of my cars when I was young and dumb he hit me from the back and his insurance told me NY is a 60/40 state and it was 40% my fault for being there so i got paid only 60% of the value of the car.Don'T just take his companies word for it

 

[Aquatic Life Direct]

yea i have the report already and it says i got rear ended and the driver fled the scene.

The insurance company pretty much said they will not go after him. I will have to do that on my own because of my deductible. If the damage exceeded my deductible then the insurance company will go after the other driver.

 

[ecvernon]

i assume by "going after him" they meant file a claim through his isurance company. which would be at no cost to you.. do you have his information? if not then it is a matter for small claims court

i got into an accident the person said they would pay for the damages..we exchanged information ...later he decided the estimates was too much he did not have the money.. i called geico and spoke with a claims adjuster then i submitted the bills to them then i recieved a check(accident was clearly hi sfault accompaanied by a police report)

 

[MikeyZO]

Does the police report show his insurance company on it? Or did he show it to you before he left the scene? I havent run a MA plate in a while but some states, including NY, list the insurance company on the DMV printout. IE all you need to know is the registered owners name and the insurance company and you can call them directly and place a claim with them without having to go through your own insurance. Shoot me a PM if you want, I may be able to help you find out their insurance info.

 

[flipit13]

+1 pm rick

 

[nikkibabee]

call judge judy :wink1: jk Hope you get the sucker!

 

[JHOV2324]

WoW im going through this right now....I guess i'll just file a claim through his insurance.......

 

[Aquatic Life Direct]

update!

I just found out the other driver had expired insurance. Now what the hell can i do?