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LORIKRISTEN · Jul 5, 2012, 03:39 PM

I was driving through a cvs drugstore parking lot in New Jersey and someone backed up directly into both doors on my passenger side.. the police came and said he should get a ticket and he was at fault... the guy talked me into letting me let him pay me so he didn't get the ticket.. I felt bad so I said OK now I get a estimate for 2027 and one for 2140 I told him he can pay the lesser one him and his wife freaked out and said they not going to pay now... the police officer said I had 30 days to pick up police report but there is no insurance info on it and the jerks daughter now said it was in a private parking lot and it is no fault... can this be true? So I have to pay my own 2000 or can I win in court? Anyone know for sure nj laws?.

AK lawyer · Jul 5, 2012, 04:38 PM

You made a big mistake not getting insurance information at the scene of the accident. Did you notify your insurance carrier and make an uninsured motorist coverage claim?

They are lying to you about "no fault" for an accident occurring on private property. If they were negligent they are liable whether the accident occurred on private or public property.

LORIKRISTEN · Jul 6, 2012, 05:10 AM

No I didn't notify my insurance but I was under the assumption that the police had the report made and that was why the officer said I had 30 days to pick it up if they didn't pay... but only street address and name was there and it said parties agreed to handle it between themselves

AK lawyer · Jul 6, 2012, 07:00 AM

Originally Posted by LORIKRISTEN

No i didn't notify my insurance but ...

Then do so. The additional details about the police report are tangental and largely irrelevant. As you have said, it doesn't give any insurance information, so why are you obsessing about it?

If you do have uninsured motorist coverage, your insurance will pay your claim (subject to the deductable). Whether the other driver actually had insurance is not your concern. All you should care about is that as far as you know, he or she did not.

ScottGem · Jul 6, 2012, 07:31 AM

What I would do is give things one more try. Call the guy up (or better yet send him a certified letter) and tell him as per your agreement, you are giving him the option of paying either of the two estimates. Tell him that unless you receive a check within 3 business days, that you will file a claim with your insurer who will then contact his insurer for payment.

Your insurer will pay for your repairs and collect from his insurer.. If he is insured, then they will collect from his liability and your repairs will be fully covered. If he is not, then your collision and./or uninsured motorist coverage should pay less the deductible. By the way, even if the officer did not note the insurance info, I suspect he checked for insurance otherwise he would have been issued a ticket for uninsured vehicle. So I suspect he is covered but doesn't want his rates to go up.

If his goal is to not have this appear on his insurance record, then he will pay otherwise it will

LORIKRISTEN · Jul 7, 2012, 05:42 AM

Thank you...

JudyKayTee · Jul 8, 2012, 07:48 AM

[QUOTE=LORIKRISTEN;3182509]the police came and said he should get a ticket and he was at fault... the guy talked me into letting me let him pay me so he didn't get the ticket.. I[QUOTE]

I'm a liability investigator in NY - I've never heard of the Police not issuing a ticket because one part or the other agreed to pay. The ticket has little to do with the accident because the Police are after-the-fact witnesses. I've seen people ticketed and fined and not found responsible for an accident. This makes no sense to me.

I'd turn it over to my insurance company and let them deal with the other driver.

If you don't want to deal with insurance companies sue in Small Claims Court.

And the daughter is incorrect about accidents in parking lots - obviously the Police came because there was an accident, no matter where it was.