Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

Is it illegal to payoff rear-ended driver without police or insurance involvement?
Find answers to your legal question.





Is it illegal to payoff rear-ended driver without police or insurance involvement?

I witnessed a rear-end collision and money transaction on the freeway. The guy who was rear-ended sustained little to no damage, while the driver who did the rear-ending, his car is smashed really bad. I pulled over to be a witness. However, the drivers were already talking about not reporting anything to the authorities. The rear-ender paid the other driver $1,000 to walk away. Is that illegal? I think it's o.k., since both parties agreed. What do you think?


    




obitdude2
Rating
Then both drivers "left the scene of an accident" and that's not legal. It may be your car but it's our highway(taxes) and DLs aren't rights it is a privilege the state can and will revoke for little things. A police report has to be made on State and Federal highways. But hey, no cops no foul. I'd take the $1000 and go too.


scott j
Rating
Yeah, it's legal...I think. I hope so.


citizen ex
Rating
No , but that's a definite scammer! They need to be reported and turned in.
Insurance scammers look for people to shake down for cash!
Definitely talk to your insurnce agent!
He was a victim of a scam; most likely, but its not illegal for him to give cash out of his pocket; however, that driver could still report him later and he has no real protection.
The only way it would have been good for him is if he was a crook trying to aviod the police for some reason.
My opinion is you are better off staying out of situations like that!
Let the people who are involved solve it. DO NOT LOOK FOR TROUBLE OR YOU MAY FIND<ESPECIALLY ON THE ROAD!MYOB!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!...


MOM KNOWS EVERYTHING
Rating
It's not illegal, but it's not binding either. The guy who got hit could sue the one who paid him, and there would be no proof of the agreement if he denied it. (It isn't unethical...it's just not very wise.)


C_Bar
It is legal to settle with each other and not involve the insurance company.

But if the damage is over a certain amount (law varies by state) the fact of the accident needs to be reported to the DMV -- records are kept on the vehicle, so that on resale the fact that the car has been in an accident is on record.


TMAC
The rear ender paid? Boy is he ever stupid. He must have been illegal about something, because it was the other guys fault. He should have paid the rearender.


~Divine Mrs. P~
Rating
I think it is ok as long as both agreed. You see people not report it if there is no damage.


loving father
Rating
Actually, it depends on what state you're in. For example, in Minnesota, we have a law that requires you to notify police if damage to any property exceeds $1500 in a vehicle accident. From your described scenario, the person who rear-ended the guy in front had severe damage done to his vehicle, while the guy who was hit from behind had very little damage. This law in my opinion is VERY discretionary, since most normal drivers are NOT auto body repair specialists, and often don't have any indication of the cost of the damage done.

My best guess is that the person who rear ended the other probably chose to pay off the victim in this case, and avoid a police confrontation for a bigger reason - Maybe drinking and driving? Maybe driving with a suspended license? Maybe he's wanted on a warrant? Who else in their right mind would offer $1000 for very little damage done to the other car?


Goose&Tonic
Rating
Totally legal. The responsible party took responsibility and paid for the damages. If both parties are happy and agree to the terms, what is your problem?


starting over
Rating
It's legal. And probably a lot cheaper then going through the insurance company.

The guy had a grand on him. Man, I would be scared to carry that much money.


MR. RETARDO
Rating
PERFECTLY LEGAL AS LONG AS BOTH AGREE TO IT


Roz
Rating
no it is not illegal

actually TMAC-the rear ender is always at fault


dolphinchick
Rating
It's not illegal but it is unethical.


chief_manyfeathers
Rating
This is a very interesting case, and one that garners some serious thought. The person who paid the so called innocent victim, may himself be the victim of a scam. It is not illegal to pay someone for damages that you have done to their property as long as both party's are in agreeance to the sum being paid. However, the one doing the paying, needs to protect themselves from further litigation by the one that they pay. Having a witness to such transactions is always good as well as having the victim sign a waiver against further claims.
In various areas of the country, scam artists are doing a "Swoop and Stop" means of accident causing people to rear end the one in front of them without any chance of avoiding it. The one being rear ended is a friend or family member of the one doing the swooping and they split the monies claimed from the rear ender or his insurance company.
Whatever the case, if you are involved in an accident whether a victim or the cause, "always" get a police report. Never assume responsability for anything until speaking to a lawyer or at least, your insurance agent.


hey_wendy200
I sure hope so cuz I have done that. As long as everyones happy it should be OK. As long as your not cutting into some cops donut time.


piedpiper1223
Rating
As long as both parties are in agreement it is legal but make sure you get it in writing because the other person could always say I didn't say that!!!!


elvin_9203
Rating
stug nhnghbvg


Fays Daze
Rating
Its not illegal, happens all the time. Especially for those out there that are uninsurred. People call in the police when they want to be sure their car is repaired and medical bill paid. If they decided to go the "easy" route for "whatever" reason, it is up to them. But the guy that got the money pay off can't go back later and put in any claim on the accident. It was his responsibility to either do it with the police and insurance companys, or take a pay off without ever getting anything further. So if the guy with the money in his pocket happens to have back problems and stuff, too bad, he'll never get another dime from the driver. He is SOL


C R
It's not illegal to handle the case yourself, but if you have insurance it could be a violation of your policy conditions.

An auto liability policy requires you report any accident 'to which the coverage might apply.' If the guy does truly go away, you have no problem. But if he decides he wants more money and sues you, you would then have to turn the suit over to your insurance company and they could claim you jeopardizied their rights by trying to settle it yourself.

P.S. This happens a lot more often than you might imagine.


tapdiva2003
my fiance is a cop and yes it is completely legal


Dancer3d
Not our business. However, parties can resolve their dilemmas any way they deem necessary. The truth is, the authorities don't want to be involved unless someone is hurt and insurance companies are bigger rip-offs than any private transaction could ever be. They both save themselves a lot of time and money and hyped insurance rates.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 Why do they kill race horses after they break a leg?
Shouldn't we kill our athletes who break their leg too, figuring sometimes they won't be 100% anymore? Why is it ok to just dispose of an animal in this fashion, is it because you can no ...


 Is it true that English wil one day be phased out as an international form of communicating?
...


 Explain to me how you can be Christian and a Bush Republican?
I would seriously like to know how those who describe themselves as Christian can support Bush.

- Even Bush now admits there was never any 9/11-Iraq connection or any WMDs. Isn't war ...


 TV LICENCE, I don't have one, can they get a police caution and search my flat?
I had a letter from the tv licence people saying they will be sending people out to check if I have a tv on the premises. If I do they will fine me £1000. Can they get a police caution and search ...


 I was evicted for rent arrears, i have two kids but no one will rehouse us in any borough! do i have any right

Additional Details
the rent arrears wernt intentional, i am a single working parent and was willing to pay them off,...


 Do you think car insurance should be mandatory in all of the United States?
I live in Wisconsin. Car insurance is not required for cars trucks and anything else on the road. I think this is wrong with medical and car repair bills being so expensive these days. Worst part ...


 If you could introduce a new law...?
...what would it be and what punishment would you assign?...


 Why do most of the people who support abortion oppose the killing of whales, the cutting down of trees, the?
culling of seals, the killing of terrorists and the death penalty being imposed on convicted murderers?

This is total hypocrisy in my opinion as what is being said in effect that the ...


 I'm confused about Obama's religion.?
Obama states in his own books that he was not raised in a religious household, yet he attended a Muslim school for high school. He also states that he was raised by his mother and her parents, but ...


 If it was legal to smoke cannabis would you?
i personnally dont smoke it and dont think i would however i do think there is less violence when people are smoking it compared with alcohol i sometimes think if there was no alcohol but only ...


 Is rape ok if both people agree to it ?
just wondering ?...


 Smoking petition?
why dont all you people do what i just done and sign the petition to bring back smoking, for our landlords sake. wesite http/petitions.pm.gov.uk Details
go to public order ...


 Can excessive perfume be considered a contribution to a hostile work environment?
Many people have complained about a particular woman that seems to think that the lack of normal hygiene can be obviated by large doses of perfume.
I have talked to her about it but backed off ...


 Can some one tell me why smoking weed isn't legal yet in the united states?
i can only think legal marijuana smoking in the united states can help our ...


 I had a 9 month prison sentence in 1993...i served 41/2 months......?
please help.....do i have to admit it for a police check to be a carer?
Additional Details
You tell me tallpaul....it was 15 years ago....i'm hoping its 'spent'....


 Can the cops really search your car if they pull you over?
...


 How can I find out if a certain person owns their house ?
My daughter has been bit by the neighbor's dog and I need to find out if she owns the house in order to get paid for the medical bills related....


 Is it illegal for a 16 year old to learn to drive in an empty car park at night (supervised)?

Additional Details
ok. If I am not on a public road then I am not commiting an offence by driving (as this only applies to public roads). If I am in a private car park, then I may be ...


 It's hard to describe this question in few words, child custody, father in prison..please open.?
My son is now 2 years old. He has my last name and his father has never been in our lives. I admit I made the mistake of being with this "man" when I was young and not so wise, looking for ...


 Why are cigarettes legal? and pot is illegal?
ive tried both. i just cant understand why pot is illegal....




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.024