I offered to pay for a fender bender out of my pocket, smart move?

Lover not a Fighter

For this amount NO!..

Paying it out of your pocket only makes sense if you had few accidents recently OR the damage is only a hundred or two. And on old cars the payout will be almost nothing. What they do is to assess the damage, then reduce it by depreciation. In another words, it the real repair cost is $2,000 and the car is only worth 10% of the original purchase price, then the car repair is only paid $200. If the damage is $500 and the car (after depreciation) is worth 10%, then the insurance would only payout $50. YES 50$!

I was told by an arbitrator that neither party should benefit from an accident. If the damage car is repaired then in actuality, the repaird car would be worth MORE than before the accident. And that would be unfair to the party paying for the damage (to make it better than pre-accident).

If the insurance / adjuster felt that the car is only worth $300, then that would be the MAX he'll ever get paid.

The axle is not your fault. Forgetaboutit.
===
The insurance company loves to spread the myth that your insurance will rise because of accident. You will only get rise in premium if you keep getting into accidents.

If you still decide to pay him off, make sure you get a signed statement that this is the final and only payment for the accident (for car and any personal damages). Don't just write it on the check. Some people will just scribble it OUT and you cannot prove it was full or partial payment.

Good Luck

P.S. none of the above is put into consideration when they re-evaluate your insurance premium (don't that the other guy know that). All he has to know is that if he won't take your offer for (say) $100 or $200, he can go through the insurance process and he probably get even less.

P.P.S. Remember he want to avoid insurance claims also.

P.P.P.S. My wife had 2 major accidents (her fault) in 2 years. The insurance went up by about $50 per month. At that rate it will take 10 years to recoupe the extra $500 (your case) and by the the rate would have gone down again.

Yep!

You could request him to get an estimate from a body shop and compare the parts listed in the estimate. If he wants $500, I'm guessing the parts are actually costing him only about half that or less.

If he starts to give you trouble over it, you might want to let your insurance company handle it. It could cost you some higher premiums in the future, but at least you won't have to deal with all the legal ramifications.

I wouldn't just give him $500 without a formal WRITTEN agreement that the $500 settles ALL claims against you (for damages to his car as well as to his person, etc.).

Lastly, where are you? The name Datsun hasn't been used on a car in the United States since around 1985.

Tim

offering to pay is an admission of guilt, so you should never do that. however, 500 bucks is pretty cheap for any type of accident, so it might not be a bad idea.

when you pay, write up some contract that says the 500 bucks means he will never ask you for money again and that the matter is now closed.

KrayzieFemale

Better to be under the table rather than having your insurance go up, but make him get a quote from an auto repair shop just to make sure it's a correct estimate. He could be lying out of his @ss for all you know.

oklatom

Frankly, I'd give him your insurance information and withdraw your offer to pay out of pocket. His car is worth less than $400 at best, so $500 would be more than than the whole car is worth.

I'd almost bet it you tell him that he will never bother to contact your insurance.

But to be safe, contact your insurance and tell them about the accident.

If he does, and your insurance agrees to pay, they will give him the worth of the car, which should not impact your insurance that much.

bigmikeumpire

Stupid....first of all an 87 Datsun isnt worth more than about $500.......the guy is b/sss you to the extreme....he will probably junk the car and pocket the money......if you want to go ahead draw up some papers,have him sign it releasing you of any further obligations and make sure he puts his drivers license no. on the form.....signs it and dates it.

mbrcatz

Not smart.

Once you pay him out of pocket, you void out your policy for that claim. Then if he comes back and says, oh, it's $1,000 more, you have to write that check, too.

Worse, if he gets the achey back syndrome, you'll be paying all his medical bills, lost wages, and pain and suffering out of pocket.

Don't do it. Turn it in to your insurance company.

nightroddude

Some of the major insurance companies have a "forgiveness" clause for first time accidents. Read your policy. Having said that, if you already have existing fault accidents with your insurance company, then, I think it is a good move. BUT, you must protect yourself from future claims from this person by having him sign a waiver for future claims pertaining to this particular accident. I think a "cashiers check" can state on the check what it is for... check with your bank.

halo7196

no, becuase if u pay him he might take the money and then take you to court and say u never payed and u will have no proof that u really did pay him.

get what im saying
add me to ur contacts if u need more help

hamrrfan

Report it to your insurance company or your lawyer. As others have mentioned, he can come back later and claim more damage or personal injury. By paying him now, you are accepting blame.

In your state it may be a violation of the law, if it was not reported to the police. You could get in even more trouble if you delay reporting it longer.

This could even be a scam on his part. Get into a minor accident with an old beater and make some easy money.

If this gets to your insurance company and you did not tell them about it, it may be a reason to drop you.

Jenna

well..
tell him you will pay to have someone look at it and assess the damages.
then just pay for it...
because if you go through insurance it will cast you more in the end because you preamium will go up and it will be on your record..

so maybe just say that you would rather have it checked out and done professionaly?

if he doesnt want to then just pay the $500!

cambric finishe

Did he say this was an 87-88 datsun? The datsun name ended in 1983. A 1988 Nissan Sentra is worth about $1000 in excellent condition. Was this car in excellent condition? Was the body and paint excellent? Interior excellent? If the car was in fair to poor condition then the car itself is not worth $500, possibly no value at all. In this case, if this is an old car and you put a small dent in it, what value has he lost?, do you think his car is now worth less?. The bent driveshaft story is ridiculous so he is just trying to get as much money as he thinks he can get away with, which I think is what you suspect is going on here. It sounds like he is being dishonest with you while you are trying to be fair and pay your part. I would be inclined to not want to pay him anything but maybe you could compromise. You could offer, say $50 for his trouble, So, tell him $50 (or whatever but no more than $100) is all you can pay otherwise you will have to go to your insurance, for them to pay. I would be surprised if he wanted the insurance company involved because he would probably get nothing.

neurotic41

If it sounds untrue than it is untrue. It is called going with your gut instinct. It is almost a mans job to rip off unsuspecting woman in a garage or anywhere because we dont know and we dont take the time to research.

I guess in the long run, it is better for you that your insurance premium does not go up or they dont drop you. I just hope that he does not turn around and try to sue you anyway.

man o man

First ask him if he has insurance, if he dosent, dont pay because he will then get away from you because he dosent want to get in trouble for not having insurance.

If he does,Yes because it would cost more to buy it and have it installed by a mechanic. It'll also cost you more on the insurance side. So just give him the 500 and get his information such as DL number, Car vin # and license plate number, and his name and info. TRUST ME DO EVERYTHING TO GET HIS INFO!!!!

sweetromanticgirl4u

Hi, how much is an 88 Datsun worth? Not alot i am sure. How can the driveshaft be bent when you hit the fender? Sounds a little fishy to me!! You never know, the vehicle might have had previous damage before you hit it......like, if you hit on the front wheel, and the CV joint is now damaged (he may claim), it was probably already clicking and failing before you hit the body. $500 is cheap for bodywork today. I would probably give him the $500 to avoid my insurance going up to pay a claim.....BUT, MAKE SURE HE SIGNS A RELEASE!!!! Agreeing that your payment to him was accepted as damages in full!! And, he will not come after you and your insurance company in the future if it turns out the car has more damage than he has described.......Good Luck!!

sci

Was a police report filed on the accident? If no pay him and tell him that future claims will be met with a solid NO.

If there was an accident report you need a release of liability signed and notarized by the "Victim".

Lacking that do not pay them as this could become a running sore or blackmail!

500 is reasonable to not have your ins know about it. No you are not entitled to estimates or reciepts. You are purchasing silence.

ASE Cert Auto Tech, Old Guy been on both sides before

Joseph Cruz

Might get you in trouble if he decides that his neck is stiff and he racks up some doctor fees.

Pancakes

It all depends if you want your insurance to go up something like 10-20%. $500 sounds somewhat reasonable if there was a good bit of visible damage.
But, I think it would be difficult to bend a driveshaft in just a fender bender. And he unfortunately sounds like someone who will pester you even after you give him the $500.

Thin Kaboudit

It may be a smart move on your part, since it won't affect your rates and will consequently cost you far less in the long run. It's likely smart on his part, too, because settling for such a low sum indicates he may not even HAVE the minimum required insurance! He won't be fixing a bent driveshaft for $500!

â™¥Big Redâ™¥ is TTC [month 10]

i would.
then it doesn't have to go through the insurance and all that crap.

A-DOG

i think so, it's better than having your insurance go up.

if u dont make a police report right at the scene, guy can do anything later, so i think its a smart move..

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