OK definitely I will do that instead but I hope since I told him in text id pay him cash now he can't use that against me... im going to call them and see what they have to say. Thank you so much to the both of you and sorry for being so unaware or immature about all of this I'm just really scared cause I've never had it happened and I've been so worried ever since.

I (his name) accept the sum of ($amount)as full and final compensation for any and all damages to my vehicle done by (your name) on (date).I agree there will be no further action taken against (your name). Signed(his signature) Have him print his name and address also and date it.You keep a copy. ALL DONE! Have someone with you when you do this as a witness, and for safety. Easy,huh? If you need more help, ask. Good luck---"Bandit"---

Just stop talking to him now. IF he texts you he does, if he doesn't he doesn't.

If he does, however, DO NOT respond anymore.

Call your insurance company, they will calmly walk you through what they want to know. They know the right questions to ask.

No. You changed your mind and decided to report it to your insurance company. J_9 will follow up with this situation and get the legal expert to help you.

OK thank you so much I definitely will stop talking to him now and will ask insurance and see how everything works out and everything. I am looking forward to hearing about the expert advice thank you so much.

Thank you mrs wondergirl I appreciate your advice from both of you and I definitely will do that and see what they say and hopefully everything goes well and I will tell insurance about everything and I will stop responding to his calls or texts.

I'm an accident investigator - this is absolutely not true. This is the same old wives' tale that if you are hit in the back the person behind you is "automatically" at fault.

- simply not true.

An attempt to settle a claim cannot be used legally against you - it does NOT indicate you were at fault; it indicates you wanted to settle the matter quickly - so any promises you made or didn't make don't matter.

I'm coming into this late - turn it over to your insurance company with any information that you have and let them find him and settle this. That's why you have insurance.

I'll skip the lecture about always getting the other driver's information because I think you know that now.

- and, yes, I'm a liability investigator and I've worked a thousand of these cases.

As far as the notarized receipt is concerned HE would fill in his name and address, the notary would verify that info against his ID, he would sign the receipt in the presence of the notary and he/she would notarize the paper. I would do nothing else - this is the legal, proper, 100% foolproof way to handle payment IF you decide not to report the accident. The receipt would say in full and final settlement for INCIDENT on date/time.

Hello s:

I'm late to the party too, but I don't think anybody answered your question. BECAUSE you didn't get an answer, I think you think that you CAN get into trouble with the cops. You CANNOT. Not even a little bit. A traffic accident is CIVIL. Even if you promise to pay and DON'T, they can't put you in jail.

excon

[QUOTE=banditftw4q2 : Yeah,You're Right.Maybe 1 out of 100 you're not at fault. I bow to the "expert".
[/QUOTE]


I have no idea where you get your information and, by the way, I AM an expert, no need for the quotes. No need to be dismissive. This is what I do every day, this is how I support myself.

The percentage most definitely is NOT 1 out of 100 when the first car (or the car backing up) is NOT at fault. Actually it's much, much higher than that. These cases are part of the reason I'm employed.

Please post your experience, background or research so I know where you're coming from.

I didn't want to pick your legal answer to pieces but now that we're discussing this your "receipt" is legally insuffient - it MUST cover all claims resulting from an incident... and so forth, not just for damages to the vehicle. Your receipt opens OP up to a lawsuit for personal injuries.

Bizarre but it happens. Better to cover all bases correctly and legally right from the start.

Thank you a lot for your advice. I decided to call the insurance. I told them I only knew the guys name and it happened about 3 months ago and what his truck looked like... she said they're going to send me some email and also an a representitive with them is calling me on Tuesday to ask me questions and the lady told me when they call to have his phone number ready... they told me I don't have collision coverage... I told them exactly how it happened but I did not tell the guy I called insurance he still thinks I'm going to pay cash... so what will happen once I talk to the lady on Tuesday? And also... will I have to show up to court for this at all? I really don't want to... I've never done it before and I'm scared so I'd like to avoid all of that if possible. If anybody can tell me what's going to happen id appreciate it :)

Your insurance company will call the other driver once you give them his number and will interview him over the phone to get his side of the story. Your insurance company has already asked you for your side of the story. (Does your car have damage? If so, they will want to take pictures of it probably. They will take pictures of his damage too.)

Why do you think you'd have to go to court? The police weren't involved, you said. There were no tickets issued.

P.S. I used to work for State Farm as bodily injury (BI) secretary.

If your insurance company doesn't pay, yes, there's a possibility that you will have to appear in Small Claims Court. If you have to appear you tell the story exactly as you explained it here. It's a civil matter so the very worse thing that will happen is you will have to pay him money. I would, however, expect your insurance company to take care of it from here. You are now OUT of the negotiations so DO NOT TALK to the other driver.

And let us know what happens.

Okay so what happened is this... I got a call from the insurance lady today, who took a recorded statement from me over the phone... since I was reversing, she told me it was my fault since he was in the aisle lane and had the right of way. She said something about 25,000$ but I couldn't understand exactly what she was saying (it definitely wasn't about the cost damages, because it was a little bump/smash on his passenger side front bumper)... she told me to give him her number and she said she'd call him by the same afternoon (a few hours later)...

I don't know how the call went, but the guy is very angry about it, saying that he can't waste time on insurance claims because he told his friend (who already fixed his truck I assume... ) that he'd get the money from me and that he'd pay him by Friday...

So now exactly I do not know what is going to happen at all... all along I had told him I'd pay him cash up until I created this blog and asked everybody... so we if we do go to that civil court thing I hope they don't use that against me neither...

Anyhow since they deemed it my fault, will I have to pay out of my own pocket? Exactly how does insurance work... and now will I need to go to the court after all? I'm hoping not... thank you all for your explanations so far they've been very helpful but I just need to know these next steps and what exactly is going to happen about this because I'm worried. Thank you so much.

He keeps on saying I'm ignoring him while I respond to his texts and I keep telling him, the lady told you she'd call you... now he's beginning to use foul language. He texted me back saying, "you cannot change our agreement, I don't have time to wait for this insurance claims "BS", I need cash." I just did what the lady told me to do, and I am doing no more and no longer will I be responding. But I'd still appreciate if somebody could explain what will happen now that the lady has called him...

Hello again, s:

She'll send him a check. STOP talking to him. That's WHY you have insurance. THEY take care of it, and they ARE. Forget about him.

excon

All right thank you so much! I feel so happy now :) I appreciate you all.

This isn't a blog - it's a legal question.

Do what I said several posts ago - stop talking to him!

Excon is right - the insurance company will send him a check. It appears he has plenty of time to call you but no time to talk to the insurance company? If he doesn't cooperative with the insurance company his claim won't get paid and he won't be able to collect from you.