Ask Me Help Desk - Auto Accident in Parking Lot

My daughter's car was backed into in a parking lot by a minor with no driver's license. He was driving his sister's insured vehicle. We only have PL/PD on my daughter's car. The other party said they wanted to take care of it without involving their insurance. My daughter received an estimate and it is approx. $2,000 worth of damage. The other vehicle's owner responded and did come and look at our vehicle. We have pictures and witnesses on the night that this happened. The owner said she was going to look at other body shops for a lower estimate and we have not heard back from her. She has not responded to several requests to get in touch with us. The police were not called, because the driver was adamant about taking care of this because of being under age and the damage didn't appear at the time to be that extensive. We need to know what our next step is legally, since their vehicle is fully insured and ours is PL/PD only. We have their address and vehicle license but not their insurance information. We are located in California. What can we do?
Thank you,
Glenda Johnson

Quote:

Originally Posted by glenda419

My daughter's car was backed into in a parking lot by a minor with no driver's license. He was driving his sister's insured vehicle. We only have PL/PD on my daughter's car. The other party said they wanted to take care of it without involving their insurance. My daughter received an estimate and it is approx. $2,000 worth of damage. The other vehicle's owner responded and did come and look at our vehicle. We have pictures and witnesses on the night that this happened. The owner said she was going to look at other body shops for a lower estimate and we have not heard back from her. She has not responded to several requests to get in touch with us. The police were not called, because the driver was adamant about taking care of this because of being under age and the damage didn't appear at the time to be that extensive. We need to know what our next step is legally, since their vehicle is fully insured and ours is PL/PD only. We have their address and vehicle license but not their insurance information. We are located in California. What can we do?
Thank you,
Glenda Johnson

Report the incident to your daughter's insurance company. Hopefully she has collision coverage. As to you daughter's deductible (if she has collision coverage), ask your insurance company to include a written request that you be reimbursed for your deductible. Their request would only be that... and you daughter would have to sue for the deductible, win and collect from either the minor's parents or his/her legal guardian or the owner of the vehicle. Keep in mind that insurance laws vary from state to state and these answers might not be applicable depending on your daughter's coveages and the insurance laws of her state.

Quote:

Originally Posted by RichardBondMan

Report the incident to your daughter's insurance company. Hopefully she has collision coverage. As to you daughter's deductible (if she has collision coverage), ask your insurance company to include a written request that you be reimbursed for your deductible. Their request would only be that ..... and you daughter would have to sue for the deductible, win and collect from either the minor's parents or his/her legal guardian or the owner of the vehicle. Keep in mind that insurance laws vary from state to state and these answers might not be applicable depending on your daughter's coveages and the insurance laws of her state.

Thanks Richard, but like I stated we only carry Liability on her car. That's why we are getting concerned about them not getting back to us after several requests. They told us they would take care of getting our car fixed and admitted fault. And, my daughter has pictures of both cars and has many witnesses. If we told our insurance would they be able to find out who the other party's insurance is?

Well you contact the other drivers insurance and file a claim, Any time, people start saying they don't want to call the police, there is a lot more gong on, do you know they actually have insurance? Most likely what you will end up doing is writing the check to get it fixed yourself, and taking them to small claims court to try and get your money.

California Driver Handbook- Actions That Result in Loss of License - Financial Responsibility and Insurance

Quote:

Reporting The Accident
When you have an accident, report it to DMV within 10 days if:

More than $750 in damage was done to the property of any person.
Anyone was injured (no matter how slightly) or killed.

Each driver (or the driver's insurance agent, broker, or legal representative) must make a report to DMV using the Report of Traffic Accident Occurring in California form (SR 1).

The CHP or police will not make this report for you. Call 1-800-777-0133 and ask for the SR 1 or go online at California Department of Motor Vehicles.

You must make this report:

Whether you caused the accident and
Even if the accident occurred on private property.

Your driving privilege will be suspended:

If you don't make this report.
For four years, if you did not have proper insurance coverage. During the last three years of the suspension, your license can be returned if you provide a California Insurance Proof Certificate (SR 22) and maintain it during this period.