I had an accident, do we both HAVE to pay for damages (no police called)?

Leann C

Always get a police report. It prevents problems later on when the two parties can't agree on who's going to pay for damages.

1) If he wants you to pay for half of his damages, then you should insist that he pay for half of yours.
- Make sure that he shows you at least 2 estimates (from a repair shop) of what the damages will cost to fix.
- The swap of money should take place at the same time. Don't give him any money before you get the money to take care of your vehicle. Otherwise, you'll never see him again.
- You will also need to go get at least two estimates for the repair work that needs to be done to your car.

2) He is flat wrong about not being required to carry insurance. Even if you own your vehicle, you have to carry liability insurance (at a minimum). Liability insurance is the kind that would have covered your damages. He is driving illegally without insurance. If he gives you a hard time, you should remind him of that. Further, I think you should go down to the police station and file a report. You can still do it. It will help you sort this situation out.

Luna & Lawnboy

Report the loss to your insurance company and let them deal with the damages to the other person's vehicle. They will also complete a proper investigation. He claims he was not injured, but give him the weekend. After speaking with friends and family, I bet he will mysteriously develop some injury.

FL requires all motorists including motorcyclist to carry at minimum 10/20/10. The only states which do not require insurance are NH and WI. This guy is yanking your chain.

Scott H

It doesn't matter if his vehicle was owned or not, he should still have liability insurance.

Maybe you should pay to get your car fixed and he should pay to get his bike fixed. Sounds to me like you were both at fault.

mcraw4d1

He may be confusing comprehensive insurance which is required by the title holder (bank/finance co.) while their is a debt on the vehicle. Regardless of whether a vehicle is owned, most (if not all) states require a minimum amount of liability insurance to be carried by the owner/operator of any vehicle in case of an accident.

Whether or not the both of you saw each other it boils down to who had the right of way. However, parking lots are hard to prove who exactly had right of way. Unless there is a definitive person at fault, the law and most insurance companies tend to have each person responsible for their own damages. Assuming you have insurance, I would contact them or call the local NON-emergency police number for advice.

mtwaites

Whenever there is a person that doesn't have insurance, it is a good idea to call your insurance company and tell them about your accident with the fact that those who are not insured, will look for ways of getting a lot of money out of you for fixing their vehicle.

I do not like the comment that he says that he doesn't need insurance for the fact that he owns the vehicle. Under the motor vehicle act, any vehicle that is out on the road such as a motorcycle, bus, car, truck, scooter etc. has to have insurance. The only exception to the rule is for regular cyclists who do not require insurance.

You should also consult with a lawyer and obtain a police report, as this is really important. Whenever there is someone who is uninsured, there is always problems.

wbaker777

First thing....if there is property damage....call the Police to investigate the accident.

He has no insurance? In most states they require insurance on all motor vehicles does not matter if he owned his bike or not.

I foresee problems coming for you on this one. You will want to consult your insurance and possibly a lawyer

Bruno

I would think that, since each party is 50% at fault then each is responsible for their own repairs. Since the accident wasn't reported and no police was called, i don't think you are liable.

mbrcatz

If you were exiting the parking lot, and he was driving down the street, YOU are fully at fault for this accident.

He's wrong, though, because even motorcycles are required to have liability insurance - unless you're in WI or NH.

If you are NOT in a "no pay no play" state, then yes, you're fully responsible for ALL his damages, and he is NOT responsible for yours. If you are in a no pay no play state, his not having insurance, means that even though YOU caused the accident and are fully at fault, you don't have to pay anything.

So there are a bunch of "if's" here. None of which, btw, end up with him paying anything for your car, IF he was traveling down the street.

The two of you do not determine fault with each other. Fault is determined by "standards of fault", one of which is, entering or exiting a parking lot.

AH. Florida does NOT require liabiltiy insurance, but DOES require PIP coverage. So he's off the hook. Or rather, YOU are on the hook - for his damages. Better turn it in to your insurance company.

wlh1us

you both left the scene of a accident, no police report was generated-so there is no official documents proving anything, and if it was on private property, tell him to take a hike, he should have been watching where he was going, especially on a bike of any kind, and if you live in Florida or Michigan you would have to fix your own anyways ( no fault insurance states )

Blue

I don't no where you live but in Connecticut you are required to carry Insurance, the only thing you don't have to carry is collision. Since the accident was not reported and was in a parking lot, oh well! He can pay for what ever he wants to fix on his and you can fix yours if you want. You both should just let it go because legally it should have been reported.

In this case he made out OK since if he did have Insurance he would have had at least $500 deductible. But what if he had injured someone. It looks to me like he would have been arrested if the police had been called. So he lucked out.

Never trust someone in this situation. You never know what they might decide to do later.

You should have insisted the police be called to cover your self!

â™¥ Uwish â™¥

Call your insurance company and file a claim. Let them determine who is at fault. If you are at fault, they will pay for the damage to his motorcycle.

If you are not at fault, you are not obligated to compensate him for his damages.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: