Need your advice

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This is about how I was involved in a small accident and what should be my next step. Need your feedback so read only if you have patience to go through such long post. :slight_smile:

Long story short, I was backing up my car in the parking lot of a supermarket when I felt this “THUD”. Looked through my rear view and realized that I hit an old Cadillac.

I moved the car back to its original parking spot, came out and saw this old lady standing with her mouth open in disbelief and this old gentleman (both must be in their mid 80’s) trying to come out from driver side.

I felt bad for them because nothing happened to my car but their driver side rear fender was bent out of shape. I said sorry, gave them all my information (name, address, phone #, driver license #, insurance policy #) and drove away.

While driving away, that whole scene of me looking through rear-view after that thud flashed back in my brain. It now registered that I saw their reverse light on when I looked through the rear view.

That means that he was also backing up, not only that, he actually started backing up after I started because I was already more than half way out when that thud happened.

Anyway, I received a letter from that guy in mail, sending me the bill of 400 dollars and requesting me (in the most polite and respectful way) to send him that check cause my insurance company is not returning his calls.

Now I am really feeling bad cause that was a sweet looking older couple, but I don’t know what to do.

  1. Just because I was first in apologizing after the accident does not make me the responsible one, in fact they started backing up after me so they are the responsible one.

  2. Their insurance company should talk to my insurance company, instead of them talking to me.

What should I do?

A. ignore the letter.

B. send them a reply explaining the situation.

C. call my insurance company (but that means that I am taking the blame for no reason).

D. or send them maybe 200 dollars (just because they looked so sweet and harmless and they might be needy people).

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Re: Need your advice

Old is always GOLd old ku thoka:smilestar:
PS::kursi: Tum apna bill or check sign kerny ki drkhwasat bhyj do osy.kia masla hy:bailan:

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Re: Need your advice

GN, I dont have any repair bill. I never needed a repair. My car is OK.

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Re: Need your advice

200 dollars dainy ka idea tumhari nyki zahir kerta hy magar beawar agy sy wou civil law suet na pehn adain tumhin injury ka:(

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Re: Need your advice

:smack2: Mery wala hal hy tumhara bhi, Kuch nahi ho sakta tumhara:(

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Re: Need your advice

:hmmm: good point. Did not think of that.

Any advice on this?

Can they do that?

Just becuase their car damage was higher than mine, can I be the responsible one in the eye of law?

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Re: Need your advice

I dont know if you're in the US but here, insurance claims are typically "no-fault" which means it doesnt really matter who is at fault. BOTH your and their ins companies need to be notified. And the insurance companies work out who pays what. Thats the reason we pay premiums which is a big expense when you think about it. Call the old couple and tell them that it will be worked out with the insurance companies. Call your insurance company and make sure they're working on it. And when you talk to the old couple, apologize again for their inconvenience, maybe bring them a meal or buy them a gift certificate for Outback restaurant or something if you want to be extra nice....but really, it sounds like you were both at fault AND its a matter that is SUPPOSED to be handled by insurance - otherwise why bother paying those premiums!

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Re: Need your advice

Yes I am in US,

so that sounds like a good advice.

A courtesy good certificate sounds good.

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Re: Need your advice

Yeah call your insurance and ask them how they handle this. Remember once someone had borrowed my car and someone had hit them and run off? We called the insurance and they covered the damage no questions asked!!!

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Re: Need your advice

That is the right way to handle it minus the idea of any kind of gift or buying meal that can be taken as acceptance of fault in a civil suit which can come even after three years. They can claim after three years that they suffered an injury at the time of accident which is acting up on their body now. It has happened to one of my co-workers in the past. and happens every day in USA . People are known to stage accidents and black mail and milk the other party. Looks can be deceiving. Even if they are nice someone listening to their side of story can give them some ideas to go after you at a later time.

You do not need to do anything, let the insurance company handle it.

If yours and theirs insurance company are same no problem , if they are different they will determine who pays to whom.

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Re: Need your advice

well first of all this is a mild seriose case in your situation .
one thing to tell you that neva eva try to give your name address and your details to anyone in such situations, giving your details by yourself shows a very very foolish idea and stupidness. the old couple might claim on your insurence that they have an accident with not their fault then you have to pay both old couple and your insurence company too.
second that now when you've done it(by giving all your details) your self then (with no other specific choice for you) do your bit by giving them a gift, do appologize, and repair their car which is damaged and ask them that they no longer contacting their or either your company for any thing.
Do not try to contact your insurence company unless you have consultation to one of your trusted lawyer(or any relitive who knows laws and some ideas ) regarding discussion on what you have done and what you need to do in future.
hope fuly this may help you but my advise is to you that do not give your details to any stranger unless they are trusted one.
:) Giving 200$ is not a bad idea to make your case clear, good luck for that.

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Re: Need your advice

Absolutely!

You do not need to give them anything at all! You need to talk to your insurance company (doesn't matter if it's fault or not) and notify them of any accidents that you might be involved in, and let them deal with it. That's the reason you pay the insurance premiums. I was once involved in an accident where the guy ran a stop sign and ran into my car, but kept refusing to take the blame for it. I called the police and he just told us to work it out with our insurance companies. There were no eyewitnesses and by the damage to my car, you couldn't tell whose fault it was, so I just paid the deductible and got my car fixed.

Unless you have any eyewitnesses, both parties (or whoever has the damage to the car) have to pay the deductible and get their cars fixed. Don't pay them anything at all. Also, did they send you a bill as well when asking for the $400? How do you know they will not contact your insurance company and ask them to repair their car AFTER you pay them?

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Re: Need your advice

thats wat you should do if its nt yr fault.

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Re: Need your advice

if both parties are backing up then its both their fault. I don't know how insurance policies work in US but in canada i would pay 400 out of my pocket any day, even if i was partially responsible, instead of going to the freakin insurance company because they'll increase my insurance premiums by some outrageous amount and in the end i'd end up paying more than 400.

But since you think, you were both responsible, it really comes down to how you want to proceed. At the time of the accident you felt you were the only one responsible but later on you figured they were also backing up. Was their car also out of their parking stall? I'd pay the 400 dollars if thats all i had to pay and there was a way of making sure that me paying 400 dollars wouldn't later be brought against me as admission of guilt.

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Re: Need your advice

Chacha ever heard of ambulance chasing lawyers of USA ? You can never make sure, without involving a lawyer here ,that you will not be sued later even if you pay 400 dollars . You might end up paying more if you do not inform your insurance company . You can never make sure that this is a nice couple so it is better safe than sorry. I would not worry about increased premium , I would inform them to take care of the matter for me.

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Re: Need your advice

I'm with Mirch on this one... don't pay anything or gift anything to them... I know you may be doing it out of the goodness of your heart, but the other party can claim this to be an implicit admission of guilt if they were to sue at a later date.

I would go for a hybrid of options B and C... i.e. talk to them and tell them it wasn't really your fault, get their insurance company details, and coordinate this with your insurance provider.

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Re: Need your advice

Also, if you don't notify your insurance company of any accidents that you might be involved in, it gives them more of a reason to think that you were responsible for it!

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Re: Need your advice

Thank you guys...

I did call my company and they asked me to ask that guy to call my company and file a claim. After that, my company will get in touch with me for my feedback, and then with his company

Both companies will then assign a third party claim adjuster who will determine the extent of liabilities of both parties (me and him).

I don’t think that he called my company at all, because they don’t have any calls or claim on their record. He was lying to me about my company not returning his calls.

Claim dept does not have a voice mail. Someone always picks up the phone. Mine got picked up after 3rd ring.

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Re: Need your advice

Here you go . I am plying devils advocate now , may be they did not have insurance in the first place or an expired one that is why they do not want to deal with your or their own insurance company.
After the accident my fault or not I call my insurance company, that is all to it . By the way I have been in four major auto accidents three of them were not my fault one was my fault. Because of too much stress I did not notice red light on my side and ran through it and slammed into a brand new expensive Mercedes . Luckily no one was hurt , just a fender bender .

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Re: Need your advice

I also think they have their own insurance not in place , and this was their way of settling it.

I still feel bad for them. I really wish that some insurance take care of thier claim. 400 dollars is a big amount for some people you know