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View Full Version : Accident happened 2 months ago - possible claim now?


pinkcess
Mar 11th, 2008, 03:27 PM
Hello there,

I need some help in how I should go about my situation.
Here it is:

About 2 months ago (1st week of January) I rear-ended someone with minor damages - just some paint scrapes on the rear bumper (of a 2003ish VW Golf). The lady and I agreed to settle out-of-insurance and we swapped information and all that.
She went to the first garage to get an estimate the next day...and then she asked me if I knew of any places and advised of a garage promptly. She said she was going to visit that garage the following weekend.....and then I never heard from her until now - 2 months later.
She is now asking me for that same garage information so she can go and get the estimate that she never got before.

My questions are:
Should I cooperate with her now?
If she were to go through insurance, wouldn't the insurance company/claim ask her why she didn't file sooner?
What are the policies surrounding time lines for claims since an accident?

Any help is appreciated!!!
PLEASE please please please please!
Thank you in advance.

urban1
Mar 11th, 2008, 03:34 PM
You should do the right thing and pay up.

Psubs
Mar 11th, 2008, 03:36 PM
Shizzz, just give her $300 for some paint if there is no structural damage. Write her a check so there is a paper trail.

thephenom
Mar 11th, 2008, 03:37 PM
Just pay up, all she really has to do with her insurance is that, "Oh, I wasn't thinking right at that time", and her insurance will gladly take care of it for her.

pinkcess
Mar 11th, 2008, 03:40 PM
Shizzz, just give her $300 for some paint if there is no structural damage. Write her a check so there is a paper trail.

Her first quote was $600.
I was shocked to hear that repainting a bumper would cost that much which is why I'm so hesitant at paying up so quickly and so cooperatively.

Tekkan
Mar 11th, 2008, 03:48 PM
Her first quote was $600.
I was shocked to hear that repainting a bumper would cost that much which is why I'm so hesitant at paying up so quickly and so cooperatively.

Thats the risk with settling on your own. Nothing you can really do. Either pay her or wait until your insurance company calls you. Either way, its going to cost you.

pinkcess
Mar 11th, 2008, 03:53 PM
My friend tells me that she only has 90 days (since the date of the accident) to claim for it....
If it passes 90 days then no claim can be made to insurance and the insurer is not legally bonded meaning she cant call the insurance company.

Does anyone know if this is true?

weedb0y
Mar 11th, 2008, 03:58 PM
Her first quote was $600.
I was shocked to hear that repainting a bumper would cost that much which is why I'm so hesitant at paying up so quickly and so cooperatively.

For someone who rear ended someone, you are pretty cocky to be let go for $600. You do realize that even if there was $10 in damage, you will be paying thousands more for years to come via insurance. You REAR ENDED someone, and are at 100% at fault.

You are lucky that she was happy to deal outside of insurance. Personally, even if she had asked for $1000, I would've paid her because I wouldn't my record to be messed up for years to come.

pinkcess
Mar 11th, 2008, 04:18 PM
For someone who rear ended someone, you are pretty cocky to be let go for $600. You do realize that even if there was $10 in damage, you will be paying thousands more for years to come via insurance. You REAR ENDED someone, and are at 100% at fault.

You are lucky that she was happy to deal outside of insurance. Personally, even if she had asked for $1000, I would've paid her because I wouldn't my record to be messed up for years to come.

I was 100% cooperating with her when she was on top of things (as she said she 'wanted to get things over with as quickly as possible' (2 months doesn't seem very quick)).

I happen to have a 'first accident leniency' clause on my insurance and would rather not use it on some minor fender bender.

hightech
Mar 11th, 2008, 04:25 PM
I suggest you report it to your insurance company and have her deal with it thru them. Most people get things done ASAP and not 2 months later. Also, she *could* claim that her back was injured or something ($hit like this happens all the time).

I had a friend who had the similar experience and the lady wanted to try all sorts of stuff. I suggested he go threw insurance, and the adjusters/police charged her for fraud.

The reason we have insurance is to protect us from all sorts of scammers out there. The little old lady who seems innocent, could be the biggest scammer.

brokenteeth
Mar 11th, 2008, 04:53 PM
Pay out-of-pocket if you can!

The 2-month delay is inconsiderate, but many people have busy lives and you are the one that inconvienced her. I had the same thing happen to me and shop quotes were $500-900 for the repair, so I think $600 is reasonable. However if you feel the least bit uncomfortable, go through insurance and own up to your mistake.

Most body shops will recommend repainting the entire affected area (e.g. bumper, quater panel, door panel, hood, etc...) since it can be difficult to match the finish and ensure the durability of a spot repair. There is a lot of labor in any auto-body repair: installation/removal/repairing/sanding/priming/painting/clearcoat

I was also guilty of doing the same thing, and the victim insisted on going through insurance. It cost me approximately $2500 in increased premiums over 6 years. Even if you have first accident forgivness, you should think it over; another collison can happen at any time and you could be assigned 50%-100% at fault due to circumstances beyond your control (insurance rules, lying witness, etc...). Also it doesn't matter if you T-bone a brand new Ferrari and write off both cars, or you slip on snow and rear-end someone's 1986 Ford Tempo beater at 3km/hr, insurance treats both the same. Two accidents would probably result in a huge premium increase. A clean record is worth $$$'s

bobbings
Mar 11th, 2008, 05:01 PM
Sorry for threadjacking but instead of making another thread, I thought I'd ask here first.

Does anyone know what the time limitation is for making claims for injuries? I was 17 when I was in a major car accident (my friend was the driver) that at first, I walked away from it with only minor neck pains which I never claimed because I was afraid of my friend's parents since he sneaked the car out when he got his g2 and insurance. Now that I'm 23, my neck pain is getting worse and worse to the point that I sometimes do not want to get out of bed. It should be because of the accident that messed up my neck because I've never had any other accidents before or after this.

To make it clearer, my neck always bothered me but being a teenager, I've always managed to walk it off or just live with it. However, it doesn't seem to be getting better and now, I am afraid that my neck is messed up forever. I don't think I can continue going through life like this when I get older.

Also, I don't know if I have the proof after so many years because I think it's been so long. However, you know how injuries are. It comes up later on or it comes back to haunt you when you least expect it.

It's not that I am trying to get money out of this but I really want this neck problem fixed.

Bidou78
Mar 11th, 2008, 05:05 PM
if it was me you hit, I would have provided you with an estimate and I would also require an additional $200.00 for a rental because of the inconvenience. That is my personal policy when it comes to fender benders that come from behind, if the other party wants to settle without the insurance companies.

To each his own. Some may say that's extortion or some BS like that but I was not the one wasn't paying attention causing the accident and I'll be damned if I feel bad for that person.

You're 100% at fault period.

There was a guy who posted an incident very similar to yours. He wanted the lady (who he also rear ended) to go to a garage of his choosing to get an estimate because factory parts were too expensive for him. :rolleyes: His logic was not very sound to say the least, although I can understand the reason behind it.....he wanted to save money as we all do hence why we are a part of the RFD site. But IMO, the victim should always be catered to and not the other way around, insurance companies seem to think along these lines too!

My advice it to just pay it and not use you "get out jail free card" just yet.....sounds like you may need it in the future.

bythehour
Mar 11th, 2008, 05:14 PM
Two things you need to consider:

1. you rear-ended her, so you are at fault.

2. you did not report the accident immediately, and tried to settle this thing privately. Read your insurance contract. you are required to report every incident promptly. Failure to do so is (in most cases) grounds to deny coverage.

Actually, both of you can get dinged by your insurers for failing to report.

Your only option is to pay up, out of pocket. Even at $600, I guarantee you that it will be cheaper than the premium increase that you will see if you reported it now....

pupazzo
Mar 11th, 2008, 05:53 PM
Your're pretty much off the hook. She was stupid for waiting so long to file a claim or get you to pay. A lot of things could have happened to the bumper in 2 months.

aquariaguy
Mar 11th, 2008, 08:13 PM
2 months? Damn that's a bit long. You figure if you got hit, you'd want to get it done with ASAP. Obviously she doesn't care. All of you would've got this done in at least 2 weeks, busy or not. There's weekends too.

Cybersid
Mar 11th, 2008, 08:21 PM
You are off the hook bro, only karma dictates if you will do the right thing or not.

iluvmikeharris
Mar 12th, 2008, 09:03 AM
Depending on your insurance company, if there's no damage to your vehicle and your not claiming anything, you actually might not be impacted (rates) if it's reported if she goes through with a claim.

For those that are so quick to pay up outside of insurance, consider the fact that a lot of people drive without insurance these days. If you are at fault and the other party is wanting to avoid insurance, you might be able to call their bluff and walk away scott free.

thelefteyeguy
Mar 12th, 2008, 10:05 AM
Depending on your insurance company, if there's no damage to your vehicle and your not claiming anything, you actually might not be impacted (rates) if it's reported if she goes through with a claim.

For those that are so quick to pay up outside of insurance, consider the fact that a lot of people drive without insurance these days. If you are at fault and the other party is wanting to avoid insurance, you might be able to call their bluff and walk away scott free.


...not worth the risk of getting strike 1 on a 2 strike system and esp for ONLY $600.

Trust me...pony up the $600 (which is freaking cheap) and WALK away.

Continue to pay cheap insurance for the next 6 years+

1 claim on your insurance = 10% increase min. for the next 4-6 yrs

$2000x10% = $200x4 years = $800 (not including time value of money on the $600).

plus if you get strike 2 ...you are dead.

min 50% (usually 100%) increase in insurance for 4-6 years.

gilboman
Mar 12th, 2008, 10:21 AM
Depending on your insurance company, if there's no damage to your vehicle and your not claiming anything, you actually might not be impacted (rates) if it's reported if she goes through with a claim.

For those that are so quick to pay up outside of insurance, consider the fact that a lot of people drive without insurance these days. If you are at fault and the other party is wanting to avoid insurance, you might be able to call their bluff and walk away scott free.

if i want to gamble, i'll goto rama, but not with my insurance rates esp for a $600 claim and you are at fault

urameatball
Mar 12th, 2008, 10:34 AM
well, if your goal in life is to be a turdface, you're off the hook because insurance companies won't deal with a 2-month old fender bender that was never reported.

Otherwise, give her the $600 and be thankful she didn't go to the reporting office immediately following the accident and let your insurance deal with it.

pinkcess
Mar 12th, 2008, 12:04 PM
How possible/likely do you think it will be that this could get taken to small claims court (IF I don't pay up - and I haven't said that I wouldn't...)?
I'm just wondering what the worst case scenario would be...

weedb0y
Mar 12th, 2008, 12:34 PM
How possible/likely do you think it will be that this could get taken to small claims court (IF I don't pay up - and I haven't said that I wouldn't...)?
I'm just wondering what the worst case scenario would be...

your record messed up. Pay up. Now you are just trolling.

Tekkan
Mar 12th, 2008, 02:44 PM
How possible/likely do you think it will be that this could get taken to small claims court (IF I don't pay up - and I haven't said that I wouldn't...)?
I'm just wondering what the worst case scenario would be...

Worst case?

Your insurance company finds out and decides increase your insurance or worse cancel it. Leaving that little red mark in your file saying you didn't report an accident.

Lady sues you, gets a sympathetic judge, and you have to pay the full judgment.

Vaxine
Mar 12th, 2008, 04:30 PM
Pay and shut her up as soon as possible...make sure to get her sign something that you have settled and have no issues or concerns pending...

DO NOT DELAY...as she has all the opportunity and time to file a claim and you will be dinged for years to come...

PAY whatever she asks as you still will be in profit in the long run..

weedb0y
Mar 12th, 2008, 05:16 PM
well, if your goal in life is to be a turdface, you're off the hook because insurance companies won't deal with a 2-month old fender bender that was never reported.

Otherwise, give her the $600 and be thankful she didn't go to the reporting office immediately following the accident and let your insurance deal with it.

Actually, they can come back and cancel his insurance for not informing of an accident. CANCELLATION will lead him to be rejected by other companies as well.

Jucius Maximus
Mar 12th, 2008, 06:07 PM
My friend tells me that she only has 90 days (since the date of the accident) to claim for it....
If it passes 90 days then no claim can be made to insurance and the insurer is not legally bonded meaning she cant call the insurance company.

Does anyone know if this is true?

I don't think that's true.

I was involved in an accident (not my fault) where I got rear ended by someone. It was reported to insurance and police but the claim on the policy was not filed so insurance did not actually pay for it. (Yes, that is really what happened.)

After that, I received a letter from the insurance adjustor saying, "Please note that there is a one-year limitation period from the date of loss to bring an action or proceeding against the insurer in respect to the loss or damage to the automobile."

And this information is recent, the accident was this year.

errorinexcellence
Mar 12th, 2008, 06:42 PM
when you are involved in an accident, ALWAYS ALWAYS, REPORT.. and I dont mean to insurance, I mean to a collision center. You have 48 hours to make a report, whether you choose to claim or not, MAKE THE REPORT TO HAVE SOMETHING ON FILE.

You can have a REPORT on the accident and still NOT have to go through insurance. Just because the report is there, does not mean you have to go through insurance. The reason to have a report there is due to the fact that if YOU DO Choose to through insurance, insurance companys will look at this report.

You have 48 hours to do this.

l69norm
Mar 12th, 2008, 06:50 PM
..... "Please note that there is a one-year limitation period from that date of loss to bring an action or proceeding against the insurer in respect to the loss or damage to the automobile."...

+1, I seem to remember that as well. The other driver has up to 1 year to file a claim against the OP's insurance

trixstar
Apr 11th, 2008, 12:58 PM
quit being so cheap and waiting for time to pass by. at this point, it seems like you're trying to run away from this accident and not pay up..