Ask Me Help Desk - Private Property Accident

I recently rear ended a car in a parking lot. It was private property and an officer was called, filled out a report, but said that the report would not be turned in to the DMV and no tickets were issued. He said he just wrote the report to speed up the process of switching information and whether we wanted to settle the issue ourselves or file claims with our insurance companies was our decision. I would prefer to pay the expensese out of my pocket without to keep my insurance rates from increasing, because I do feel I was at fault. However, I am concerned that she may "develop" some type of injury and try to get me to pay these bills as well. Do I loose any leverage or credibility by attempting to settle by myself and then going to my insurance company later if I receive what I feel are bogus repair of medical bills? Would it help me at all in the long run to file it with my insurance as soon as possible and not worry about the rates?

Thanks. Any advice would be appreciated.

William

I would first see what they want to settle, and have an attorney write up a letter for them to sign stating that this is settlement in full for all damages and injuries from this accident.

I have done this once or twice for those 100 or 200 dollar dings, But normally I think just letting your insurance handle it

Its not a given that your insurance will raise their rates. I've had 3 accidents with my insurer and never had my rates increased.

But you can try to settle and them file a claim if the amount proves too much.

You have the option of paying for repairs to your own vehicle out-of-pocket and not involving your insurance. In order for her to "develop" some type of injury she'd have to report the accident to her and/or your insurance companies. Does the report that the officer completed indicate an injury (or lack thereof?) Either way, if you truly feel that she may try to milk this situation, do not settle with her for anything. Like I said, you can pay for your own repairs out-of-pocket. Then if she chooses to report it, she can and the insurance companies can hash it out between them as far as who's responsible for what. If you suspect that she's attempting to commit insurance fraud make sure you notify both companies promptly.

Thanks. Should the letter just say something like if you cash this check then you are accepting this as full payment for all damages and injuries?

You should draw up a settlement agreement and have her sign before paying.

Quote:

Originally Posted by s_cianci

You have the option of paying for repairs to your own vehicle out-of-pocket and not involving your insurance. In order for her to "develop" some type of injury she'd have to report the accident to her and/or your insurance companies. Does the report that the officer completed indicate an injury (or lack thereof?) Either way, if you truly feel that she may try to milk this situation, do not settle with her for anything. Like I said, you can pay for your own repairs out-of-pocket. Then if she chooses to report it, she can and the insurance companies can hash it out between them as far as who's responsible for what. If you suspect that she's attempting to commit insurance fraud make sure you notify both companies promptly.

Please keep in mind that I investigate accidents - I don't see the 90% that settle smoothly; I see the 10% that go sour.

If you do not report an accident to your insurance company (I always advise reporting it to the agent and letting them decide) and there is a claim for personal injury at some later time your company can deny you coverage for failing to timely report. You could report just the accident and not request reimbursement for your damages.

The Police Officer is not a Physician and the "no one was hurt" or "someone was hurt" statements on the Police Report mean nothing in the long run. Lots and lots of people are not hurt at the scene and develop legitimate problems later; of course, it also goes the other way.

It is not fraud if some claims injury and is, perhaps - to put it kindly - not as injured as they would like you to believe. It is insurance fraud if you claim you had an accident and did not.

Quote:

Originally Posted by JudyKayTee

It is not fraud if some claims injury and is, perhaps - to put it kindly - not as injured as they would like you to believe.

Interesting! This makes me think of the first accident I was in. I was a fairly new driver at the time, but out of my teens. I was on a date and we were in crawling traffic on a local street. I was on a date and we were passing a movie theatre so I was checking out the show times on the marquee and wasn't paying attention to the road. I drifted into the car in front of me (also a teen on a date). I placed a small dent in his rear bumper. We pulled over, exchanged information and went our way.

The other driver's father called the next day and offered to just settle it between us. I don't recall whether he mentioned a figure or not, but since we were both insured by the same carrier, my father (it was my parents car), said to just let the insurer handle it. When I relayed this to the father he said "Well if I'm going to go through the insurance, I'm going to send my son to the doctor!" Next thing I knew we get a summons for $10K (this was over 30 years ago). We just turned it over to the insurer and I never found out the resolution. I really would have liked to testify in court what the father had said.

Quote:

Originally Posted by ScottGem

Interesting! This makes me think of the first accident I was in. I was a fairly new driver at the time, but out of my teens. I was on a date and we were in crawling traffic on a local street. I was on a date and we were passing a movie theatre so I was checking out the show times on the marquee and wasn't paying attention to the road. I drifted into the car in front of me (also a teen on a date). I placed a small dent in his rear bumper. We pulled over, exchanged information and went our way.

The other driver's father called the next day and offered to just settle it between us. I don't recall whether he mentioned a figure or not, but since we were both insured by the same carrier, my father (it was my parents car), said to just let the insurer handle it. When I relayed this to the father he said "Well if I'm going to go through the insurance, I'm going to send my son to the doctor!" Next thing I knew we get a summons for $10K (this was over 30 years ago). We just turned it over to the insurer and I never found out the resolution. I really would have liked to testify in court what the father had said.

Now that you need Physicians to give statements that there really are injuries in theory this does not happen; that being said I handle cases for the same Attorneys who send clients to the same Doctors over and over. Perhaps some Doctors find people more injured than others - ?

Also see a lot of, "You say you're injured and so I'll say I'm injured" stuff - usually one or the other side gives up.

Recently did an investigation (and sometimes I wonder what everyone was thinking) when the party that did the hitting, appeared to be totally at fault, attempted to sue the other party for emotional stress - apparently she had nightmares about the accident. Very few accidents are 100% anyone's fault (you still have to try to avoid the other person), but really - !

Quote:

Originally Posted by JudyKayTee

It is not fraud if some claims injury and is, perhaps - to put it kindly - not as injured as they would like you to believe. It is insurance fraud if you claim you had an accident and did not.

I have to disagree with this. Inflating a legitimate claim is just as fraudulent as filing a totally bogus, meritless claim (as happens with a staged "accident".)

Quote:

Originally Posted by s_cianci

I have to disagree with this. Inflating a legitimate claim is just as fraudulent as filing a totally bogus, meritless claim (as happens with a staged "accident".)

There is a difference what is perceived to be fraud, what is morally right and/or wrong, and what is criminal fraud - I presumed (perhaps incorrectly) that you were talking about a criminal fraud.

As far as what is moral or immoral - I was not addressing that issue.