Berat

iTrader: (1)

Hey Guys,

I was rear ended yesterday by an Altima and I must say our cars are built tough. Based on a first look, it looks like it's only my rear bumper that is damaged. I haven't had a chance to look for frame damage as its raining here and don't have any garage space. The Altima suffered a lot of the damage. Cracked windshield, cracked radiator, destroyed front end, and air bag deployment. Here comes the part where I need advice. The other driver does not have insurance, a police report was made but nothing reported to my insurance company. When I called Geico they were reluctant to answer some of my questions as to how I would be affected by submitting a claim. The guy who hit me did offer to pay for the repairs out of pocket or to pay my deductible for the repairs(Not sure how that would work, since I'm assuming the insurance company would go after full damages for the vehicle.) So what do you guys think? Anyone have a similar situation, how did it turn out for you?

Thanks in advance for the help!

TLtrigirl

iTrader: (1)

go through your insurance. you dont' know what else has been damaged beneath the bumper cover. the accident is not your fault and your rates will NOT go up (unless you have a bad driving record with a bunch of other accidents).

i've been lightly rear ended...it was almost $1k to fix on the other person's insurance. sound like you got hit pretty hard which would produce more damage.

now if the guy says i'll give you $2k and call it a day....maybe. protect yourself, go through insurance and let a reputable body shop take care of the rest.

SharksBreath

iTrader: (33)

someone rear ended me and damanged my rear bumper as well. insurance paid out around $1,000.00 and i bought a new bumper for $250 and got it painted for $250. the other $500.00 was just a bonus.

Tell the guy to write you a check for $1,000.00 or you're going to contact your insurance/law enforcement. it's not your fault he doesn't have insurance, that's his fault. why should you be held accountable for anything?

Turbonut

iTrader: (1)

Check to see if you have uninsured motorist property damage coverage.

Don't jerk around with the bum, no insuance, no money. If you don't have the above clause, get the car fixed using the deductible and if the insurance company won't take the initiative to go after the offender, sue the driver in small claims court, $10,000 limit, probably has nothing, but if you get compensation for the damages, keep the deductible and the insurance company gets reinbursed.

Acura_Dude

x2

x2

truonghthe

OP you are entitle to get a compensate from the other party since you got rear end, once the cop show up in an accident with a rear end involved its 99.8% of the time the fault belong to the car hit you from behind. So take it to a dealer and get a estimate then tell the guy that he can either pay out with his pocket or you will claim with his insurance company.

Franchise1124

OP, as a few other posters mentioned, go through your own insurance and don't take any money from the guy. You should have some form of Uninsured/Underinsured coverage on your policy...that should kick in and your premiums should not be affected because of it.

Good luck with all of this!

Turbonut

iTrader: (1)

Illinois has only personal injury for uninsured or underinsured as mandatory, property damage is optional.

TrustinHFDJ

This no longer has anything to do with your insurance, unless you wish to have your insurance cover the damages which is going to cost you, as mentioned the deductible and raise in your premium which will be added by any insurance company for 3 years. No good..... and why?!?

This guy needs to pay for it out of his pocket, or just tell him that he will be sued. You will only be extremely unlucky if the guy is paid under the table or has no job; but through time you will get your money back eventually as long as you sue. A police report has been conducted and this will be a slam dunk, no need for any attorney, and if you have the right connections you could easily get an invoice which has BS on it which is more money for you. As mentioned above.

Turbonut

iTrader: (1)

When one sues there is no guarantee that money will be received. A judgment can be made in your favor but a small claims court in no way guarantees you'll be compensated unless you appear on Judy Judy or Milan.

I sued a party in Naples, FL, won the case, they put a lien on the property, that was 11 years ago, so far still waiting.

midnightcivic

iTrader: (1)

Funny how a lot of people recommend you going for his insurance when you clearly state he doesn't have insurance. I would personally try to settle this with the guy and threaten to file a law suit if he doesn't. If that doesn't persuade him into paying, file it with your insurance. I presume your going to have to pay out of pocket to file a law suit so i wouldn't bother going through with the whole process.

Healingduck

Wow. That's messed up.

07BLKTL

Get three quotes and take the higher quote at the shop you like the best. Give him the cost to repair and see what he does.

I don't think you should get off with letting him pay your deductible. He should have insurance. Period. It's the law.

Was he cited for the accident as well as no insurance?

Berat

iTrader: (1)

Here is an update. I went to IND which does huge amounts of work for the BMW community to get a quote, because I know they will do good work. They gave me a quote of $1700 which includes OEM Bumper, and right side muffler + pipe as it seems my muffler has a bend in it from the accident. This also includes all labor and paint. The person who did the estimate was super helpful and really gave the car a good look over. He informed me that the lines on the car matched up so he doesn't suspect frame damage, but he won’t know for sure until the bumper is removed. I informed the responsible party and he tried to send me to a local cab company that does body work. I told him no and that this needs to be done at a refutable body shop, he wanted me to get more quotes. I just don’t have the time to run around and do that. After reading through the thread (btw thanks guys!) and needing to have surgery on my knee within the next two weeks (not related to the accident) I decided to go through the insurance route, it’s just easier and less stressful for me. I’ll end up paying my deductible and will get reimbursed once he pays the insurance company. He was issued two tickets one for following too closely and one for driving without insurance. Geico informed me that if the other party refuses to pay, they can work with the state to suspend his license. Also I can go to court since I am a witness for the two tickets and he will be charged to the full extent of the law for those two tickets, if I go to court. I have that hand if he becomes difficult in the recovery process.

Mr DoLLa

I'd go after the personally. Why should you have to go thru your insurance, pay the deductable and possibly raise your rates? Guy shouldn't even be on the road if he didn't have insurance. What did the cops do about that?

Anavrin351

^^^^^^READ

OP good to hear. insurance is usualy the easier route. thats what you pay them for. they have lawyers and PIs that do all that sorting out and recovering their money. You dont pay insurance to pay for your accident alone, you pay them to help you out in these situations. Just remember if he pays full amount for those tickets, it could take longer for your insurance company to get reimbursed.

Berat

iTrader: (1)

After speaking with the insurance company my rates wont go up as it was a "not at fault accident." The police issued him two tickets, driving without insurance and following to closely. After talking to this guy on the phone this isn't the only time he has dealt with this. I would of loved to go after him and not have to pay my deductible. I also looked at the other side of the coin. Which is that if I take my car to the body shop and it ends up becoming more then that quote and he can't pay it. That means I can't get my car. This way insurance gives the body shop the check, and my car gets fixed.

You're right, it may not be worth my time. Also it could slow the process of getting my money back.

Anavrin351

But at the same time teach the asshat a lesson and make him pay more. if your not strapped for cash letting him learn his lesson may be worth it as well. Im not sure what i would do personally. I think i would make him pay out the wazzoo if he wanted me to take my car to a taxi body shop. But people like that never learn.

TrustinHFDJ

Sounds reasonable if your insurance wont go up, but yea this guy really has no legit reason to walk away scott free, you should really do everything in your power to make this guy pay. Even after your insurance covers it, more money for you; throw on a couple mods! hahah

He will just continue with the same fashion, and nothing to make him realizes he needs to have insurance.