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Cramer15 · Mar 24, 2012, 01:13 PM

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

Curlyben · 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.

RickJ · 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.

AK lawyer · Mar 24, 2012, 02:14 PM

Originally Posted by Cramer15

... 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.

Wondergirl · 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.

AK lawyer · Mar 24, 2012, 03:10 PM

Originally Posted by Wondergirl

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.

Fr_Chuck · 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.

JudyKayTee · Mar 25, 2012, 07:39 AM

Originally Posted by Cramer15

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 insurance 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.

ScottGem · 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.

ballengerb1 · 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.

JudyKayTee · Mar 25, 2012, 08:33 AM

This may depend on insurance companies, anything else, but the person who hits me cannot force me to go to his/her body shop, even for an estimate. If I chose to go to a dealer for my particular make of vehicle I cannot be forced to get a second estimate. Small Claims Court may ask for a second (or third) estimate and I would never argue the dollar amount of the damage without two estimates but... you cannot be forced to have someone's cousin repair your car, well rated collision shop or not.

And, yes, the vehicle does not have to be repaired. The other party can keep the money.

I was going to soft pedal this but, hey, it's what I do all day, every day. The explanation for this accident standing alone would make the OP liable. Backed up to avoid death? It's not going to fly and it's going to end the lawsuit, claim, whatever else is involved.

ScottGem · Mar 25, 2012, 08:39 AM

Originally Posted by JudyKayTee

T but the person who hits me cannot force me to go to his/her body shop, even for an estimate. If I chose to go to a dealer for my particular make of vehicle I cannot be forced to get a second estimate. Small Claims Court may ask for a second (or third) estimate and I would never argue the dollar amount of the damage without two estimates but ... you cannot be forced to have someone's cousin repair your car, well rated collision shop or not.

I don't disagree, especially with the point about being forced to go someplace else for the repair. But I would still ask that the car be taken for a second estimate. If the other car owner refuses, tell him you won't pay without one. If he files a claim with your insurer he will be required to get one (unless he used an approved shop for the initial estimate). If he sues you, I think the judge will order one. If the owner was honest with the estimate he should have no problem with it.

If he refuses, then tell him to file a claim and report it immediately to your insurer.

ballengerb1 · Mar 25, 2012, 08:58 AM

I guess Illinois is crazier than I thought. I have been hit several times but always put a claim againist the other driver and notify my company. Evereytime this happens the other driver's insurance send me to "their guy" for a quote and that's all they will pay. He can fix it for that price, I can go elsewhere for that price or they write me a check for that price. They only have to make me whole. Dealership body shops are not usually the best price.

JudyKayTee · Mar 25, 2012, 09:37 AM

I agree that dealership body shops are not the best price, far from it, but because of their familiarity with the car they are unbeatable when it comes to the extent of the repairs.

I have no problem with a second estimate as long as I take the car for the estimate and stand next to it. I also want original parts, not knockoffs.

I've also had insurance companies estimate the damage in my driveway - it's what they do and they're good at it.

ScottGem · Mar 25, 2012, 09:43 AM

Originally Posted by ballengerb1

I guess Illinois is crazier than I thought. I have been hit several times but always put a claim againist the other driver and notify my company. Evereytime this happens the other driver's insurance send me to "their guy" for a quote and thats all they will pay. He can fix it for that price, I can go elsewhere for that price or they write me a check for that price. They only have to make me whole. Dealership body shops are not usually the best price.

The few times I've been involved in an accident requiring body work, I always work through the insurer's recommended shop. If they spot anything more needed, they can deal with the insurer rather than cost me for the greater repair. Yes, an insurer will only pay what they estimate, unless you go through an approved shop.