I crashed with a guy in a parking lot. I was backing out and the guy was driving behind me, and while reversing I hit the guy's front bumper. The guy said he was late for his final but exchanged numbers with my me and said to call him... so no police was called. Also the guy got my license plate number... its been three months since the incident, and the info the guy has is my cellphone number, my name, and my license plate perhaps... now he's been threatening me that he's going to report it to the police what happened or get authorities involved if I doesn't pay 150$ This is in the state of Texas... I want to know, can anything really be done at this point? I've been avoiding him cause at first I told him it was my fault cause I was backing out and I was scared but he came from behind and zoomed passed while I was backing out and trying to leave the parking lot... it was a very small bump that made to his front bumber really... its a little bent and crooked but not much. Anyway its already been about three months since and he keeps texting me that he's going to call the police and get them involved with me unless I pay his money. But I really feel he's at fault now cause of how it happened. I told him it was my fault cause I was really scared and it was my first time ever it happened and I didn't want to get in trouble but I learned my lesson... can anything really be done by that guy since its been so long, about 3 months or so.. what exactly might happen now... and what should I do?

Do you have auto insurance? If so, report this to them. Don't pay the other driver any money because, once you start, it may never stop, and he could keep asking you for more.

Do you have auto insurance? if so, report this to them. Don't pay the other driver any money because, once you start, it may never stop, and he could keep asking you for more.

I have insurance but I don't even know how to do all of that and I'm just wondering if I keep avoiding him can he get me in trouble or get the cops to find me with the information he has. If he can then I'll just find a way to report it, maybe it was my fault by backing out I'm not sure but I backed out and he zoomed across and hit me so that's why I feel it wasn't my fault.

i have insurance but i dont even know how to do all of that and im just wondering if i keep avoiding him can he get me in trouble or get the cops to find me with the information he has. if he can then i'll just find a way to report it, maybe it was my fault by backing out im not sure but i backed out and he zoomed across and hit me so thats why i feel it wasnt my fault.
You were clearly at fault (he was in the traffic lane and you interfered with his moving forward). If has all the information you said he does, he can make trouble for you. Can you get an adult, such as your father or mother or an uncle, involved in this, to talk you through it?

If all he's asking for is $150, you could type up a short contract that you are handing over $150 and he will drop all claims against you (there are examples on the Internet). Then both of you sign it. Have it notarized. You keep the original, and he gets a copy and $150. An adult should help you with this and accompany you to the meeting with this guy.

This will keep the insurance companies out of it, so your rates won't go up.

I don't know about Texas, but in the rest of the world if you have an accident while in reverse you are automatically at fault(unless you were both in reverse).You should report this to your insurance co.ASAP and file an accident report just to cover your before he tries to screw you unless you want to pay out of your pocket for the damage to his car.It might be cheaper to pay if you don't want this on your record,your ins.rates might go up, points against your licence,etc. If you do pay for his damages have someone with you (a witness) and make sure you have him sign a paper stating that he has been PAID IN FULL for any damage to his car caused by you This will stop him from "double dipping"(collecting from you,then trying to collect from your ins.co also) Cover your! Good Luck,"Bandit"

If all he's asking for is $150, you could type up a short contract that you are handing over $150 and he will drop all claims against you (there are examples on the Internet). Then both of you sign it. You keep the original, and he gets a copy and $150. An adult should help you with this and accompany you to the meeting with this guy.

Where can I find one of these contracts? Ima give him the money since you said its my fault cause I'm not an unfair person but if it wasn't my fault I wouldn't give. Where do I find one and do I just tell him to sign my copy then his, and I sign it too? Please find me one. I told him I get paid 15th and 30th of every month but I barely started so he might have to wait till then.

I don't know about Texas, but in the rest of the world if you have an accident while in reverse you are automatically at fault(unless you were both in reverse).You should report this to your insurance co.ASAP and file an accident report just to cover your before he tries to screw you unless you want to pay out of your pocket for the damage to his car.It might be cheaper to pay if you don't want this on your record,your ins.rates might go up, points against your licence,etc. If you do pay for his damages have someone with you (a witness) and make sure you have him sign a paper stating that he has been PAID IN FULL for any damage to his car caused by you This will stop him from "double dipping"(collecting from you,then trying to collect from your ins.co also) Cover your !! Good Luck,"Bandit"

Thanks bandit I will do the contract where can I find a sample one online to print it out and we both sign.

Is there an adult who can help you with this? You sound too shaky to do this on your own.

Is there an adult who can help you with this? You sound too shaky to do this on your own.

I really don't know anybody to help me to do this... n I'm scared to tell family... im really not going to so ima pay but I want to find out how to do the contract on my own and so if police say I didn't pay ill tell them here we both signed.

I told him ill bring a contract and he told me contract for what... iono if I should trust him.

RECEIPT

Be it known that the undersigned, Mr. XYZ, acknowledges receipt of the sum of One Hundred Fifty Dollars and no cents ($150.00), paid by (Your Name), for the vehicle damage that occurred in ABC parking lot on mm/dd/yy.

This payment constitutes full payment for damage to Mr. XYZ's (year/make/model of vehicle).

Signed this 00th day of July, 2010.

_____________________________ His Name

_____________________________ Your Name

_____________________________ Witness Name

***Notary seal***

i told him ill bring a contract and he told me contract for what...iono if i should trust him.
Meet him at a bank -- or at a currency exchange if the person there is a notary. BE SURE to have it notarized. This makes it a legal document. Anyone can be a witness.

Meet him at a bank -- or at a currency exchange if the person there is a notary. BE SURE to have it notarized. This makes it a legal document. Anyone can be a witness.

I'm not sure the date it happened and I do not know his last name. I just know his first name is john... I can get it notarized and all of that... but I can print it right?

im not sure the date it happened and i do not know his last name. i just know his first name is john...i can get it notarized and all of that...but i can print it right?
You MUST get his last name and put that on the form. You MUST add the date to the form. You MUST put in the contract the info about his car. You MUST have a notary sign and stamp it. If you don't do all these things, he can do all sorts of stuff to you in the future. He can say you owe him more money, among other things.

Sorry, something got lost.HERE IT IS again!

Most parking lots are considered No Fault, but I'm going to ask our resident expert on the matter to look into this.

Dude, all you do is call your insurance carrier and tell them what you told us. You turn over the other guys name and phone number to them. When this other guy calls you, tell him that he is going to have to deal with your insurance company from now on and hang up.

Most parking lots are considered No Fault, but I'm going to ask our resident expert on the matter to look into this.

Dude, all you do is call your insurance carrier and tell them what you told us. You turn over the other guys name and phone number to them. When this other guy calls you, tell him that he is going to have to deal with your insurance company from now on and hang up.

Yes please ask for me... oh and hey is it too late to tell my insurance about it if I already told him by text id pay him in cash? Can he do anything aobut that? If he can then ill just pay by cash but if I can do the insurance thing I'd rather do that. I asked him in text for his name and for the date it happened if he remembered cause I can't remember anything except that his name is john and I do not have his license plate neither or no other information other than john and his phone number... so if I tell my insurance I feel its better than paying cash but I hope that since I told him id pay cash now it won't get me in trouble... it was college parking lot so if its no fault then id rather not pay... im going to get the thing notarized in case nothing works out fine... but if I can tell my insurance ill just do that.

The easiest thing to do is call your insurance agent on Monday. Report the accident to him/her. Give up what info you have. Let them deal with it. Like J_9 says, you might get off scot-free with a no-fault situation.

You MUST get his last name and put that on the form. You MUST add the date to the form. You MUST put in the contract the info about his car. You MUST have a notary sign and stamp it. If you don't do all these things, he can do all sorts of stuff to you in the future. He can say you owe him more money, among other things.

OK thank you mrs I asked him for his name and the date it happened I hope he remembers cause all I know about him is his name is john and I have his cellphone number... but if its not too late can I just tell insurance what happen and tell them his name is john and give them his cell number... even though I already told him via text I'd pay him in cash?

The easiest thing to do is call your insurance agent on Monday. Report the accident to him/her. Give up what info you have. Let them deal with it. Like J_9 says, you might get off scot-free with a no-fault situation.

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.

yes please ask for me....oh and hey is it too late to tell my insurance about it if i already told him by text id pay him in cash? can he do anything aobut that?
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.

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.

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.

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.

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 don't know about Texas, but in the rest of the world if you have an accident while in reverse you are automatically at fault(unless you were both in reverse).You should report this to your insurance co.ASAP and file an accident report just to cover your before he tries to screw you unless you want to pay out of your pocket for the damage to his car.It might be cheaper to pay if you don't want this on your record,your ins.rates might go up, points against your licence,etc. If you do pay for his damages have someone with you (a witness) and make sure you have him sign a paper stating that he has been PAID IN FULL for any damage to his car caused by you This will stop him from "double dipping"(collecting from you,then trying to collect from your ins.co also) Cover your !! Good Luck,"Bandit"


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.

i didnt want to get in trouble but i learned my lesson...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.

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.

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 :)

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 theyre gonna 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 dont have collision coverage....i told them exactly how it happened but i did not tell the guy i called insurance he still thinks im gonna 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 im scared so i'd like to avoid all of that if possible. if anybody can tell me whats gonna 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.

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

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.