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Hit a car, do I have to pay

Asked Mar 24, 2012, 01:13 PM — 14 Answers
Backed up into a van that was really close to avoid being hit myself. No damage to my car, bu dented their bumper. No cops were called so no report and both parties agreed to cash not insurance. He got a quote but really high. Do I have to pay him or since insurance and cops were left out can I walk away? Because I shouldn't have to pay for avoiding death and hitting a car too close. Also in ct and he has my insurance info

14 Answers
Curlyben's Avatar
Curlyben Posts: 18,081, Reputation: 8728
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#2

Mar 24, 2012, 01:18 PM
Well if you don't pay then he will either report you to the police or charge your insurance.
Your choice really.
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RickJ's Avatar
RickJ Posts: 10,075, Reputation: 4374
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#3

Mar 24, 2012, 01:18 PM
If you agree it's your fault. You should pay him or file a claim with your insurance company. If you don't he'll make a claim to his insurance company and they'll come after you.
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AK lawyer's Avatar
AK lawyer Posts: 9,927, Reputation: 4217
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#4

Mar 24, 2012, 02:14 PM
Quote:
Originally Posted by Cramer15 View Post
... Because I shouldn't have to pay for avoiding death and hitting a car too close. ...
So you think he should pay his own repair bill, so as to avoid your death? You have peculiar ethics.
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Wondergirl's Avatar
Wondergirl Posts: 31,368, Reputation: 24153
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#5

Mar 24, 2012, 02:23 PM


And what's to keep him from "finding" and claiming more damage, or even having physical problems, in the future? If you pay this without getting your insurance company involved, you are setting yourself up for possible problems in the future.
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AK lawyer's Avatar
AK lawyer Posts: 9,927, Reputation: 4217
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#6

Mar 24, 2012, 03:10 PM
Quote:
Originally Posted by Wondergirl View Post
And what's to keep him from "finding" and claiming more damage, or even having physical problems, in the future? ...
A properly worded release and hold-harmless agreement, assuming you get him to sign it. And don't pay him anything unless he does.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,607, Reputation: 37031
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#7

Mar 24, 2012, 05:15 PM


I wish this was not in the legal area, since you need a long lecture on moral values and being responsible.

1. yes of course you are liable.
2. yes you have to pay it.
3. you can turn it over to your insurance and allow them to pay it, if you prefer.

He can sue you if you don't pay, and then you can add legal fees to what you have to pay.
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JudyKayTee's Avatar
JudyKayTee Posts: 45,420, Reputation: 23558
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#8

Mar 25, 2012, 07:39 AM
Quote:
Originally Posted by Cramer15 View Post
Backed up into a van that was really close to avoid being hit myself. No damage to my car, bu dented their bumper. No cops were called so no report and both parties agreed to cash not insurance. He got a quote but really high. Do I have to pay him or since insurance and cops were left out can I walk away? Because I shouldn't have to pay for avoiding death and hitting a car too close. Also in ct and he has my insurance info

Okay, I'm a liability investigator. Am I correct that someone appeared to be close to hitting you and so to avoid being hit you backed into a van that was "really close"?

You hit him. You are responsible (in my State, NY). You can always sue the person who forced you to back into the van but I don't think that defense is going to work. You'll get into all sorts of "would have, could have, should have" discussions.

You were able to avoid death by hitting a car that was "too close." How does "too close" enter into things? You backed into another vehicle.

Your choices are to pay willingly, pay after a Court orders you to do so, turn it over to your insurnace company (if they'll still accept the claim). Get a release when you hand over the money - if that's your choice.

If this was a life and death situation, as you state, then the driver you backed into was undoubtedly injured because this wasn't a slow, backing out situation. In view of that, I'd report it to my insurance company.
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ScottGem's Avatar
ScottGem Posts: 58,108, Reputation: 28145
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#9

Mar 25, 2012, 07:54 AM


If a tree falls in the forest and no one is there to hear it does it still make a sound? Of course you are liable for damages. Just because there was no police report or insurance claim doesn't change that fact. Since he has your insurance info, if you refuse to pay he can file a claim with your insurer. If he does that, without you informing them, they are more likely to raise your rates or cancel your insurance.

However, you are not required to blindly accept his estimate. Find your own body shop and have him bring the car there for another estimate.
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ballengerb1's Avatar
ballengerb1 Posts: 25,644, Reputation: 11296
Home Repair & Remodeling Expert
 
#10

Mar 25, 2012, 08:29 AM
"Backed up into a van " as soon as I read this I knew who was at fault. Scott is correct, you are liable but you can get your own estinates. Laws vary from state to state but in Illinois you are free to pick where the repairs are done. He does not have to get the repairs done at all and you can just offer him a settlement. As AK suggests a waiver may be a good idea.
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