Accident - no report filed...What to do?
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Accident - no report filed...What to do?
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My wife was merging onto the highway when the car in front of her suddenly braked (instead of just yielding). She hit him from behind, so they both pulled over. The other driver was driving his mother's car. There were no injuries, and a couple scratches on the bumper of the other car. The kid driving told my wife that he didn't want to call the police and not to worry about it. They exchanged phone #'s only. Now, 2 weeks later, his mother is calling my wife saying that the car needs a new bumper and asking for $1100.
My wife says that in her mind he was at fault, because of the sudden breaking. Does a rear-end collision automatically mean the rear-ender is at fault? What should we do?
At the time she assumed maybe he didn't have a license or something, because he was against waiting for the police.
Help! Thanks!
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Robert R
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It doesnt automatically mean that your wife is at fault because of the rear end collision. I would get your insurance involved to help you all get your car fixed by their insurance, not yours. When it's not your fault or you feel that the other person was at fault, its always best to get a police report.
Do not pay a dime, when his mother calls, ask to speak to her son since he was driving and is the one responsible for what he did with her car. |
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John H
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You will have to pay for this accident. This is a costly mistake and you and your wife can learn from this. The other driver most likely did have something to hide. This is why he wanted to avoid the police. You may consider getting an attorney to find out the scoop. If the driver was not license or it was suspended you may can avoid paying for it. |
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Atheist Geek
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Tell her to take it up with the boy, he requested no police involvement.
A lot of people telling you you are automatically at fault. This is false, in every state. You are far more likely to get the blame, but there is no law in any state saying a rear-end hit is automatically at fault.
Avoid buying insurance from an agent that tells you this. Such a base ignorance of the law is not a good sign if you need the insurance to go to bat for you. |
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UCANTCME
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HOPE IT IS YOUR FAULT...................AND IF I WERE YOU EVEN THOUGH IT MIGHT HURT............I WOULD GET A POLICE REPORT NOW................REPORT IT TO YOUR INSURANCE COMPANY AS WELL.........JUST IT CASE THE PERSON THAT YOU HIT COMES BACK WITH SOME ADDITIONAL INJURIES.........OR TRIES TO SUE YOU FOR, LETS SAY A HIT AND RUN...........GET THE PICTURE. |
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Boomrat
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you wife being the older driver should have known better. It is her fault. Better pay or it might cost you a whole lot more. Talk to your lawyer, in case they try to get more money down the road. |
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Scott H
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Nope. Your wife is at fault for failing to maintain a safe distance from the car she was following. It doesn't matter what the car in front of her did. If she hit it, she was too close.
Personally, I wouldn't give a crap if some kid wanted to call the police or not. I'd have written down his license plate number and called 911. If he left, that would be leaving the scene of an accident. If he doesn't have a license or is not insured, that's not my problem. Your wife should have called the police, plain and simple. It's possible if the police had investigated, they may have found the kid had no license and you may be off the hook, instead of having to replace a bumper.
I'd get the police involved if I were you. |
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whatsnext_13
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Your wife hit him from behind. It'll be her fault. But if the kid didn't in fact have a license, he will end up in more trouble than she will if it is reported. In truth I don't know if there is anything his mother can do if there was no police report on the accident |
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George P
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Since your wife rear-ended him, no matter if he stopped short or not, she is still at fault. Now, if she would have waited for the police, the officer might have determined otherwise. The thing is, if the kid was driving illegally, then he shouldn't have been on the road, so the cop might have determined it was the kids and his mom's fault and you could have won.
The kid was probably so scared that is why he dind't want the cops to be called. The cops would have called his parents and I think he was probably just scared.
Now, what you can do is request the mom take the car to three different places, perferable ones that you are familiar with, and get estimates. She could have went to Uncle Bob and he told her that much for a new bumper just to make a few bucks off of you.
Chalk this up to a lessons learned, always call the cops, let them determine who was at fault. |
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Nate W
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Your wife is at-fault according to the law. Call your insurance company, let them take care of it. Otherwise, you'll end up with a court date. |
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CherishTheMoment
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In a rear end collision it's the person behinds fault. |
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tikko 2126
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according to the law unfortunately when a person rearends another person they are automatically at fault. depending on the state tho the drivers only have a certain amount of time to file a police report usually 10 days if they do not file one they have 30 days to report it to a insurance company. after 30 days all complaints must be taken to civil court. |
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trivia buff
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Contact an attorney - do not pay these people anything without consulting an attorney - when an accident happens, there is a 2 year statute of limitations on filing charges. The other people [ the ones your wife hit, and yes it would be her fault ] have to file a claim with their insurance company, and they would then have to file a claim against you. Again, contact your attorney, but do not pay anything out of pocket to these people unless it is through the courts. And in the future, remember it is always best to contact the police at the scene of an accident and wait for them. |
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