Involved in an accident today, what to do next?

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RCBuddha

New member
While driving home today, someone not paying attention to traffic ran into the back of my 4Runner. The damage was mostly to the driver's side of the rear bumper. We exchanged insurance info, but I did not file a police report. So I get home, call my insurance company, file a claim, take pictures and give them all the info I have.



Just a little bit ago, the guy who hit me calls me to say that the insurance info he gave me doesn't cover the car he hit me with. He wants me to use HIS body shop, and he says he'll pay for it. I'm uncomfortable with that, and while he seems somewhat sincere, i'm p/o that he lied (especially about saying he was insured) in the first place.



My questions are:



1. Should I go to the area PD and file a report? Is it too late to do so?

2. What will my insurance company do now knowing that he has no insurance? I have uninsured motorist coverage, will that cover it?

3. Should i contact a lawyer?

4. What do I need to know about back/neck pain that shows up later?





Any help/advice is greatly appreciated!!!
 
Well, I guess this is the reason you should always call the police (although I might not have either, in your situation). If your state requires drivers to be insured (in NJ, you have to be an insured driver, even if you don't own a car, like if you were driving a parent's/spouse's/friend's car; so I guess you are saying that this guy doesn't have insurance at all, not just not on that car), then you should definitely go to the police and file a report--it's not too late. Don't worry about the uninsured motorists coverage, that's for lawsuit, your insurance will cover YOU and your car. I don't think there is any need for a lawyer at this point, and someone else will have to comment on the delayed injuries.



I would not waste any time getting on the record with the police and your insurance company with this, this guy sounds like bad news and don't let him drag you into anything with his shop, etc., your insurance company will take care of everything now that you have filed a claim. Frequently people without insurance have other problems, like revoked licenses, etc.
 
If no one was hurt it's very difficult at the least to get police to respond. The law says that you have to report the accident and you did by calling your insurance company. You uninsured motorist will cover the damage and your premiums shouldn't go up as it isn't your fault. Your insurance company will then pursue the at fault driver. The good thing is that you weren't hurt.



Craig, something else you should look into is making sure that you have UNDER insured coverage. There are many people running around with just enough coverage to be legal. In other words, $15,000!!!
 
SpoiledMan said:
If no one was hurt it's very difficult at the least to get police to respond.

...something else you should look into is making sure that you have UNDER insured coverage. There are many people running around with just enough coverage to be legal. In other words, $15,000!!!
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You guys know your police in CA...maybe they won't generate a report because they were not there, but I believe they will--it would in effect be a statement by the "victim" that he was run into by this other guy.



As far as the uninsured/underinsured, this may vary by state, but here in NJ it is all rolled into one, if you are covered for one you are covered for both.
 
Thanks guys....I called the area PD, they said that I met my "legal responsibility" by reporting the accident to my insurance, there is nothing they can do, since the vehicles are no longer at the scene of the accident.



Setec, I've decided to use MY body guy, not his. I just don't feel comfortable with leaving my vehicle with someone I don't know.....



Chris, what you said was correct, thanks man. I feel ok, my neck and back are a little sore, but i'll have my doctor check it out.



Can anyone chime in on injuries that may appear later?
 
wait wait...



The GUY called you and told you that? It wasn't his insurance company that told you that?



I'd call his insurance company myself first...
 
RCBuddha said:
Thanks guys....I called the area PD, they said that I met my "legal responsibility" by reporting the accident to my insurance, there is nothing they can do, since the vehicles are no longer at the scene of the accident.



Chris, what you said was correct, thanks man. I feel ok, my neck and back are a little sore, but i'll have my doctor check it out.



Can anyone chime in on injuries appear later?
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It was my profession for a number of years.:) The police, even when they show up, will only facilitate the exchange of information and wont provide a report unless there are injuries, hit and run or some other extenuating circumstance.



Do go and see a doctor just in case.
 
Dont forget that in CA, you need to file an SR1 form within 10 days of the accident. Both parties are required to file this form with the DMV and anyone not filing the form can get their license revoked. SR1 form



Without this form on file, the DMV will not assist in any actions against the other party (i.e. uninsured motorist) on your behalf.



I just had to go through this a couple weeks ago after I was rear-ended on the 91 fwy.
 
i'd check with his insurance co just to see if he's blowing smoke...maybe he doesn't want to report it because the rates will go up.



your rates shouldn't go up becasue of this, and your insurance company should take care of things, but it's good to have all the information just for reference



good luck
 
medic said:
i'd check with his insurance co just to see if he's blowing smoke...maybe he doesn't want to report it because the rates will go up.
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Craig's insurance company will take care of that. They will seek to recover their loss from the at fault party by any means necessary. :)
 
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