Question:
It was the TINIEST of scratches, but the man insisted on making a big fuss. I managed to convince him to accept some cash to resolve the dispute. Can he now turn around and scam me by involving his insurance company? Or is there some sort of law that protects me from this happening? I ask because I am only a young student and have very little flexibility from my own insurance company. Any advice would be greatly appreciated.
Thanks.
Answers:
Are you asking from the US or the UK?
In the UK it is normally sensible in circumstances like this to try and settle it WITHOUT involving insurance companies or police - both your records (i.e. yours and the other drivers) will be tarnished as you will both then have been involved in an accident. This puts your insurance up whether you were to blame or not.
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The exact figure where it is better to settle privately versus let insurance company pay will vary with your circumstances such as your NC discount, age, any previous accidents etc. but a rule of thumb given by The Times (Saturday or Sunday "Money Section" I believe) within the last year was to pay claims under £1,500stg yourself (if you can) and DON'T have it recorded anywhere - just get a receipt for any money you hand over stating exactly what it is for.
If you have a claim under £1,500 put through insurance you could well end up paying at least as much out in extra insurance/ excess etc. over next 5 years.
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Just remind other driver of his obligation to report it to his own insurance company if he wants to make a fuss - or tell him you will inform them - if he wishes to proceed with this you are both equally obliged to provide the other with your insurance details.
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A good rule for life is never involve insurance companies, police or any official type people in anything if you can reasonably avoid it - they will nearly always complicate it and the result will often be worse for both parties involved. Leave them for serious problems/ crime.
Yes, he can still file a claim, and say you never paid him. You should have never given him cash, and if you had to made him sign a receipt.
Well since you obviously had him sign a release giving up his rights to further collect on this damage, then you should be fine. You didn't just give him cash and walk away did you?
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if he wants and has not waited to long he can file a police report and turn it over to his insuranceInsurance is ment to protect people. It doesn't matter if it's a tiny scratch, you still screwed up and hit his car. He has every right to take it through insurance. What if he wants to get the car repainted? It's going to cost more than a couple of bucks.
Never give cash on the spot.
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if you want to handle this between the both of you, offer to go with him to a garage to get an estimate and pay the repairing-garage DIRECTLY.
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NOT him!
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It's too late now because you already did it... but for next time, I would suggest my advise.
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If he is bloody minded enough he could. If he accepted the money and the insurance firm contacts your insurance deny everything. I hope you never gave him details?He could get his insurance involved if he's got your registration number - the numbers are all held on a database to stop fraud!
They could then track you down via your insurers - but highly unlikely - even if they do just ignore the letters - if you don't admit to it via your own insurance company there isn't a lot they can do except use the guy's own insurance to pay for the damage. Which he won't want!
He's prob in the pub spending the cash you gave him anyway
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If you didn't get a receipt, then yes, he can still file for a claim.To be fair though, you can touch up tiny little scratches for very little. So to be honest, he probably knows he has enough money to cover it now.
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I wouldn't worry about it, if it is only a little scratch, then even claiming on the insurance shouldn't hit you too hard.
I doubt this will help at all, but you could contact your insurance company and fill them in on the situation. Maybe they will have an answer for you or could put something into their system which may get flagged if it is reported?
Why did you pay him then he will tell the insurance what do think? insurance pay sometimes for the damage done by another car
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try seeking advice from a police officer.Why can i not renew my licence?
Don't worry about it until he makes a claim and then explain the circumstances. Presumably you have got the contact details of the witness. Without this, you don't have a witness!If it's a private car park not a public highway just have nothing to do with him. It's owners risk.
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Happens to the best of us, so relax and learn your lesson. It's too late to fret anyhow. The car I touched once many years ago was not even damaged only the dirt on the fender was wiped away . No damage at all as I remember . He reported it and I got a letter for $243 . My insurance paid it but the amount was so low it did do nothing to my record . I bet he just took the money and celebrated . Never give cash to anybody. You pay for insurance, let them work for you and don't be afraid or intimidated .You'll be fine, good luck .
A receipt would be helpful but in law when he accepted the payment from you in cash a contract was made. He would need to take you to court to get the money. However, did you tell him the name of your insurance company, your name or your address? Without these he can do no more. The police will not trace your car for him.
I suggest you inform your insurance company of the situation and then should there be any further action then they will be ready for it. His insurance company will not act without the information as above.
Because it was in a car park makes no difference. This is a common misconception. If there was damage then you or he would be able to claim on insurance.
He's not likely to take it any further, the land is classed as private and you have to sort out the problem yourselves. In this case you have so I doubt very much him contacting his insurance company
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sounds like you got scammed...I hope you got his info.you could turn him in too with the witness which I hope you got their info too. if you got his info you could call his ins co. and see if he turned in a claim. if he did use your witness and call his ins co and say he already collected cash for the incident and he is commiting fraud.Does anyone know anything about insurance?
Never give cash, you leave yourself wide open to abuse. If he insists in making a big deal then let him involve his insurance company. If it is a tiny amount of damage they won` t entertain him and if they do, they will tell him he has to pay the excess. Added to this he is risking his no claims insurance for a trivial matter. If you got his phone number, be a bit cheeky and tell him you want your money back as you would prefer to do it throughthe insurance company. If he refuses to return the money, tell him you will be reporting the accident to the police and you will need his details for your own insurance company. You should definetly involve your insurance company as it will scare the daylights out of him and if the damage is minimal they will the laugh the claim out.What can I do with an expired photo ID?
You cant just pay a random amount of cash for an accident. By law, the other driver is owed the cost of repairs for his vehicle.. regardless of how minor they are.Driver is other than the insured?
SO, if he goes and gets an estimate and its more then you gave him.. you are absolutely responsible for it. Not to mention.. he can say you never gave him any money and youll be screwed out of even the moeny you gave him. If you refuse to pay his insurance back (or have your insurance take care of it) they will suspend your license and garnish your wages.
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Never, EVER, try to give cash for an accident. Let the pros handle it.
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