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Car accident not reported. Refused to pay.?
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Car accident not reported. Refused to pay.?

My husbands new car was rear ended by 16 years old girl who was already on probation (caused 2 accidents twice) when he was driving to work. ( I was not there). She was crying and begging my husband not to call Police. Got her Mom on the phone, who agreed to pay for damage, she gave a phone number to rich her. Not surprisingly, after his car was fixed they don’t want to pay anymore. The cost is $3,000 which we don’t have. he never reported anything, no witnesses. Is anything can be done? Please don’t comment how stupid it was. I already know that. I am very upset..
Additional Details
well, it was not me. it was my husband. If i was there .... I would have my money buy now. Good answers though. Would it be a good idea to ask my lawyer to call them?


    




Dog Lover
You only have one choice.........Take them to court. Either hire an attorney and sue them or file a claim in civil small claims court.

Since they decided to settle at the scene, and not call the police, it is now a civil matter. The police WILL NOT assist you now as we only deal with criminal law... Not civil law or collecting money from those who will not pay. And they will not file a report for you now. And it is not a Hit and Run as some may suggest.... it is a civil matter once the parties agree on terms at the scene.

This happens all of the time. My agency gets these types of calls from people daily. It is always sad to tell them that we can not help now.

Anyone that tells you different is uninformed and lying to you.


smedrik
Take her to small claims court.


irockarolex
Rating
The only thing you can really do is sue the parent and hope that the truth comes out in court


mudmommy
don't feel stupid, people do this all the time

Report it to the police department in the area the accident happened

Do you have a plate number or anything like that of the person that hit you? That would definitely be in your favor.
If needed you can go through small claims court - fairly simple process - to get reimbursed for paid repairs - but if a report is filed with the police, get a copy and then call your insurance agency and have them put a claim in against her insurance, will not affect your insurance at all if you ask them to put a claim in against hers (usually - don't hold me to this, some insurance companies are weird ! )


Edge
Rating
I doubt there is anything you can do. At this point they will likely deny everything. So I think you are likely stuck with the bill. Sorry.

It was not necessarily stupid. You were trying to be kind and they took advantage of that kindness. Being kind is not stupid.


bgee2001ca
I would report it now, the police may not do anything, but it will be on record.

Stupid, no just trying to Be nice, but an expensive lesson.


sahel578
Call the police. Its not too late.


Katrina
Oh you poor thing, the only thing I can think of is a small claims court, I'm not sure that it will do anything. I have a lawer friend I can talk to for you, and see what he suggests... but I'd have to email you later.
If all else fails, perhaps explain the situation to the co. and ask them if you could pay in installments. I'm sorry your in this situation, it's sad when an act of kindness is just thrown back in your face.
Of course talk to your insurance company.


oklatom
Rating
Step one, a new car is probably financed and therefore probably has full coverage insurance that will pay for the repairs, less your deductible, so first contact your insurance agent. Tell him what you have told us. He will get the body shop paid, and then contact the other party to get their insurance information to get back what they paid out, and to collect your deductible from the at fault party. If the driver was already on probation, there should be a public record of that which will be easy for your insurance to find. But call them, and enlist their help.

If necessary to take someone to court, again your insurance company has the expertise and attorneys to do just that.


Sarah (the bear!)
Rating
send them a certified letter detailing what occurred on that day and the verbal agreement that was made in regard to the repayment. let them know a time-frame in which the payment needs to be received in full. If there is any communication it should be written. Save any voicemails, etc and get ready to go to small-claims court. If you let her know that you intend to file suit against her if she does not cooperate with your attempts to collect these payments she will either drop off the face of the earth, or decide to work with you. you will just have to judge what you have seen from her so far. Sorry and good luck.


srbyn1
It's not stupid; just human. Next time, don't fall for the tears, for you may not be able to even prove now, that she did it. Protect yourself, & learn from your mistakes; we all make them, too.


Shelley L
Tell him to call the cops and see if you can still report the accident, then hire an attorney and tell this woman you will sue her for far more than $3000 if she doesn't pay up.


Big Bobby Clobber
Try making a police report now.


Misty
Oh, that's terrible. Have you called your insurance company? Perhaps they can help...at least contact the girl and her mother.

But what makes me mad is what kind of parents do this kind of thing? It's so important to teach kids to stand up and face the consequences of their actions. They can never learn to do this with parents who lie and cheat as if it's the way things should be.

I certainly hope things work out for you all. It's a shame you can't trust people anymore. Here your husband was being a "good guy" and he got the shaft!


memjabeana
you might as well try asking the local police about this and your insurance people for the answers...I just had one of these minor bummer things and i made the reports, got the guy's insurance info and made the reports myself. Real advise always make a police report, get the plate number, and don't brush off "little things" good luck;) He was a young kid too, and he had a suspended licenses...Hey try suing for the rest of the cost in small claims court!!! Seriously!!!


GCOP
Rating
It basically turns into a civil matter. You need to file at small claimes court, keep all receipts and information involving the other party.


alakazam
Take her to small claims court. The case could go either way, but there was a verbal contract. Just present yourself accordingly and be calm.. judges are smarter than you think and you should get your money.


kris10nchains
Rating
Civil court.


Consul of Rome
Sorry, he should have reported it. If the mom didn't sign anything, you have no case. Maybe Judge Judy will hear your case


Chelsea
Rating
I'm not thinking there's anything you can do. Why is it that crying can get you out of accidents, but not tickets? So unfair. A friend of mine has gotten out of being reported for fender benders three times by crying and I haven't been able to get out of one damn ticket! Ugh the world is so unfair.


El Scott
Only thing you can really do is small claims court. It's going to be your husband's word against the other driver's. I hope you guys took pictures. Good luck.

You could also talk to your insurance company but they probably won't be much help.

The Police won't take a report. My agency has a 72 hour policy. Any accident over 72 hours old and we don't do a report. If the damage is fixed then I would be highly surprised if your local agency was going to do one now.

Always call the Police. This is a pretty common occurrence.


msmonroe2003
You can take her to court. Depending on the judge you may get what you are looking for. He def shouldve called the police, hope he learned his lesson but I also hope you get what you want from this family.


Livefor2day
u can file a civil suit if they do not pay ... first threaten them with the court documents and explain how they will pay MORE after court costs so PAY UP kid.....

you can get compensation even if there was no accident report that is why there is civil court vs criminal


courage
Even though there was no Police report you can still take her to small claims court. Since the Mother promised to pay for the accident that constitutes a verbal contract.

And if something like this happens again PLEASE call the police. This Girl may kill somebody the next time she has an accident.


mark
Report it to the police and your insurance co. But maybe u are out of luck now.


orangeco911
Rating
Have been in law enforcement for a long time

OK here it is No report equals no accident

it did not happen then--its to late for a report now--just eat it and go on with life---i am sure u learned a lesson-- If its not in writing it did not happen


pusherhombre
Rating
ALWAYS stick with the insurance company. There is a reason you pay monthly auto insurance and for uninsured motorist coverage. You are doing nobody any favors by not reporting the accident to your insurance company.

Too late now, but you have learned a $3,000 lesson.

A verbal contract cannot be enforced when the amount of the contract exceeds $500.


"max J"
Rating
Well, Since the mother did not live up to the bargain your husband should REPORT IT after You have done some investigation and see where to go from there.Use the information that he received from her. If his car has damage I'm sure that her's was damage also. Now he is going to have to find proof that she is the one that got into an accident with him. See if he could find out where she got her car fixed. (If it has been fixed) Find out where and get a report from her mechanic.Does he have the date and time. Now i don't know the laws where you live but check to see weather there's a time limit or weather if the accident is under X amount of dollars that you don't have to report it. You could say that it did not look like it was under X amount that's y u did not report it.Now good news u know that she has caused 2 accident already and that she was on probation when she got into the accident. Once u have a case then phone mom and ask for the money no cheques. All of it up front give her 1day to get the cash. she can take a day of work,get a loan ,burrow the money whatever. You want it in1day. If she doesn't give it to u REPORT IT. Please check with a lawyer first. Lawyer referral or students that are practing Law





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