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View Full Version : In accident where the police were not called; what can be done?


mr-carr
Aug 24, 2008, 06:43 AM
I was involved in an accident 2 days ago in Texas. Someone backed into my car from a parking space while I was driving through the parking lot of my apartments. We did not call the police. The man admitted to fault and gave me his name, number and allowed me to take a picture of his DL with my camera phone (its a little fuzzy but you can make out the numbers and see his pic). However, I do not have his license plate number nor any insurance info. He works maintenance in my apartments & said he will bring me his insurance info but I'm nervous now because he didn't answer my call nor has he returned my call. Have I defaulted on any claim I could have made and what should my next step be?

cakesbyellen
Aug 24, 2008, 06:59 AM
You have a couple of options. You should first send a registered letter to his address requesting the insurance information and/or payment on the claim. Of course you should have a couple of estimates on hand for this. Next, if he works for the complex you should report it to the office and ask for assistance. If you are still not getting any help, call the police and file a report. If you have full coverage on your own insurance, you can always let them take care of the claim but you will be out your deductible until the insurance company is able to recover from his insurance or him. You can also file a claim in small claims court. Also, if the man works at the complex it should not be too hard to find his car and write down his license plate number.

excon
Aug 24, 2008, 07:02 AM
Hello mr:

No, you didn't default. You put a crimp in your ability to collect. However, you still may be in the ball park.

Go get two estimates. If you can find him, present them to him. He will either turn them over to his insurance company or not. If he doesn't pay, you can sue him in small claims court.

excon

twinkiedooter
Aug 24, 2008, 07:24 AM
In any event, turn this over to your insurance company as soon as possible just in case he refuses to pay or does not have any insurance. Then at least your insurance can pay for the damages. Never calling the police is not recommended. Why didn't you take a picture of his car while you had your camera? I know it's easy to Monday armchair quarterback, but in all reality he should have had his insurance card with him or in his vehicle as this is required by law. Also, he could have moved from the address listed on his driver's license and not updated this info to the state. Many people don't bother doing this. Just how badly is your vehicle damaged? Who's idea was it not to involve the police? His?

JudyKayTee
Aug 24, 2008, 07:59 AM
You have a couple of options. You should first send a registered letter to his address requesting the insurance information and/or payment on the claim. Of course you should have a couple of estimates on hand for this. Next, if he works for the complex you should report it to the office and ask for assistance. If you are still not getting any help, call the police and file a report. If you have full coverage on your own insurance, you can always let them take care of the claim but you will be out your deductible until the insurance company is able to recover from his insurance or him. You can also file a claim in small claims court. Also, if the man works at the complex it should not be too hard to find his car and write down his license plate number.



Some of this is not sound legal advice - the easiest route (if you haven't already done so) is to report it to YOUR company and let them work it out. That's why you have insurance. Do NOT contact this person's employer. There is no Police Report, it's "he said, she said," you (presumably) know where he lives and you are unnecessarily involving a third party. Contacting the employer serves no purpose and could be perceived as simply causing problems for him in retaliation for the accident.

Your insurance company may require that you file an Incident Report with the Police - I don't know if you can file an Accident Report after the fact in your area. The Police will know.

No, you aren't out of time to file a claim.

You can always also go directly to Small Claims Court. Sometimes it's worth the small filing fee because when people get served they "usually" get religion.

How much damage to each car - I appreciate you are only estimating.

Fr_Chuck
Aug 24, 2008, 01:54 PM
Also one thought, if he was working when this happened, the apartment complex is most likely also liable if you want to consider that route.

But you go see him at work, he works where you live right and demand the insurance info.

But if you have full coverage, turn it over to your insurance and let them worry about it