Auto accident: advice needed


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guptamik   
Member since: Mar 05
Posts: 277
Location: Toronto

Post ID: #PID Posted on: 07-01-09 11:28:39

.... go to a collision reporting center and tell your side of the story. I don't think this person has done that; explain like you did here... this will show police that you didn't have any hit and run intentions and the report is just a mere statement of facts and nothing else...it appears that the damage that this person is reporting was not caused by your car because as per your statement, there was minimal damage? The officer at the reporting center will make a report and give you a copy. Police involvement doesn't mean that your insurance is contacted. IF you file a claim through your insurance, that's when the insurance is affected so don't be afraid to report this. Even if you have exchanged insurance info, if the other person's insurance tries to contact you, you have the right to say I'll pay out of pocket and not through my insurance.

Now, since you both have mutually agreed to settle this, get a signed statement from the other party stating that this is settled and there's no outstanding issue. Keep your receipts handy and take pictures of the car after it's repaired and if possible get a statement from the mechanic. I"d not worry about the hit and run part provided you do go to teh collission reporting center and file a report.

In future, if this happens (let's pray that it doesn't), leave your phone number on the windshield of the other car; this just shows that you are not attempting to hit and run.

Also, i agree with FIDO... the other party has probably not reported to their insurance either so they'll accept what they are offered. Just take a firm stand and don't be scared coz u think you are at fault.

Hope this helps and good luck.. let us know how it turns out.

Good Luck....



delhigirl   
Member since: Oct 05
Posts: 24
Location:

Post ID: #PID Posted on: 07-01-09 11:49:25


Thank you Guptamik, I will do that this evening.
BTW i was just talking to this guy and casually asked him to tell police that we are taking care of this issue between ourselves, he said "dont worry about that, police has got nothing to do with this, they just told me if you refuse to pay the damages let them know".

This gives me an indication that police has not lodged hit-n-run case. Am I right? Anyways, I will go to collusion center and do my part.

Will keep you guys posted.

Thank you all for your valuable advice.



guptamik   
Member since: Mar 05
Posts: 277
Location: Toronto

Post ID: #PID Posted on: 07-01-09 11:55:51

... There's no way police would make such a statement... he's talking like he's in india and has the cops in his pocket. I'd definitely advise that you file a report. IF there was a report filed by him and if there was a hit and run charge against you, by now the police would have been at your doorstep...

Just behave as though you are not afraid of the consequences for this guy shouldn't sense your fear....

Has he accepted to have the car repaired by a mechanic of your choice? Also, is there any damage on your car? I'd take a photo of your car as well to show the minimal damage you have. If the other guy is showing a LOT of damage, he can be discredited if your car has little to no damage.... just something to think about....

Good Luck



delhigirl   
Member since: Oct 05
Posts: 24
Location:

Post ID: #PID Posted on: 07-01-09 12:14:44

Quote:
Originally posted by guptamik

... There's no way police would make such a statement... he's talking like he's in india and has the cops in his pocket. I'd definitely advise that you file a report. IF there was a report filed by him and if there was a hit and run charge against you, by now the police would have been at your doorstep...

Just behave as though you are not afraid of the consequences for this guy shouldn't sense your fear....

Has he accepted to have the car repaired by a mechanic of your choice? Also, is there any damage on your car? I'd take a photo of your car as well to show the minimal damage you have. If the other guy is showing a LOT of damage, he can be discredited if your car has little to no damage.... just something to think about....

Good Luck



Hi Guptamik, you have listed some really good points here. Even I was feeling the same.

Yes, I told him that I will have it repaired with my guy this saturday. and he didnt ask me a question. so i guess he doesnt have problem so far.

as for damage to my car, my car has no damage what so ever. I was also thinking that this should make my case strong. i will see if his damage works out to be high, i will have to challenge his claim.

thanks for the advices and confidence boosters!



guptamik   
Member since: Mar 05
Posts: 277
Location: Toronto

Post ID: #PID Posted on: 07-01-09 13:10:12

... i just sent yu a pm... dekh lena...



Fido   
Member since: Aug 06
Posts: 5286
Location: Canada

Post ID: #PID Posted on: 07-01-09 14:17:09

Do not send any emails / mails / sign any receipts of acceptance of your involvement ............ let it be proved in the worst case ... do not leave any proofs of your admission ..... we do not know what witnesses are there and what damage is there ?

I was once advised that never accept fault in an accident .... let it be proved ... if you admit , then even if you are not at fault , you have agreed to be penalized ...

Check with the collision center ... If I were you I would not let them know either that I have collided .... just try and find out the details by informing them that some one is trying to swindle money and wish to find if any collision has been reported .... if not then I don't think the other party has a strong case ... unless you evidently admit its your fault ......

Leave the self miser-ing attitude and work with facts ....


-----------------------------------------------------------------
Fido.


chandresh   
Member since: Mar 03
Posts: 2606
Location: Toronto

Post ID: #PID Posted on: 07-01-09 14:25:41

My personal take on this:

Sit tight and do not take any action. Any action taken is admission of fault.

And remember one thing.......even if you settle by paying, nothing stops the person to file an insurance claim too. And if your insurance company then contacts you and you tell them the case was settled by you.........wow, you are in bigger soup.......they will not protect you for anything..........

Which means that the party claiming damages can claim various other damages like emotional disturbance, backache (he can say he was in the car!) and the list could be endless.

DO NOT go to collision centre - the law (I think) is that you report to collision centre only if YOU think that the damage is worth more than $1,000.

My son was involved in a minor accident where there was no damage really but the guy started asking me for $500 when I tried to settle it. I did not, and reported all this to my insurance company (off the records) and they said I had done the wise thing - that is when they told me about all problems that can arise when you settle on your own.


-----------------------------------------------------------------
Chandresh

Advice is free – lessons I charge for!!


Contributors: delhigirl(15) guptamik(8) chandresh(5) Fido(4) Desi # 1(1) tamilkuravan(1) rsbagwell(1) ftfl(1)



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