big mike 13

im not sure how to handle this, so i decided to turn to you guys as i know there are some pretty intelligent people on here and i hope someone can help me out...
on thursday morning i was rear ended by a 22 year old. i was actually stopped (on the LIE) because it was stop and go traffic.




i got down his information (license, registration, insurance), he claims he took his sight away for a second and hit me.. i called the police and a HELP truck came, but didnt take no report and said it make take up to 2 hours for highway patrol to come to take down the report... the kid kept insisting he had to leave for work, that he has kids and blah blah... he doesnt want to go through insurance, his uncle owns a shop- its just the bumper.. blah blah... the HELP truck lady said i can file it on my own at the precinct.. so the kid left..
i went to my body shop later on, to call my insurance company (GEICO) and turns out #1. the kid gave me a phony phone number to reach him at.. #2. the cars policy (the car is under a woman, not him) was cancelled due to a non payment...
meanwhile, im being bombarded with calls from his uncle,friends, cousins (hector,omar and jose- lol) saying they want to pay me $1000, that he will go to jail, they want to bring my car to their shop, they want to paint my bumper in their CAR GARAGE)

basically, my shop told me its over $2500 worth of damage (new trunk lid. bumper,reinforcement, taillight, and some other crap)
would it still be worth it to file the police report now (the prcinct said i have 10 days to do so)
can i take him to small claims? should i hire a lawyer? what can i take him for and what will i need to do so?
my deductible is $1000, so i cant really afford to front that out.. i also have full coverage if that matters any.
what are the chances of my insurance going up? Geico said im in their "top" party of drivers, which is a good thing.

sorry for the long rant...
thanks

FastAcura

I wouldn't want my car painted by Jose in his own CAR GARAGE. You don't wanna pay for their mistake. Tell them they have to pay to get it painted at a place that you pick or you'll file a police report.

CCColtsicehockey

I agree. I mean its his own fault he doesnt have insurance to bad.

knight rider

iTrader: (1)

I'm usually a good will person, but I've learned you get burned a lot by strangers in a pinch. Use the law. It is all in your favor. You have a nice car. Don't settle for less than the best when repairing it.

This is what you have insurance for. Use it. Tough luck for the other guy, sorry to say. Just remember, these are the people that help make good insurance paying driver's insurance rates to be high as they are. He never thought about that before driving with no insurance.

Shoofin

There's a reason why you have insurance coverage that covers "uninsured motorists".... File a police report, get a copy of it....Considering the amount of damage, I would do it through insurance. You don't have to take him to small claims court, hire your own lawyer, etc...That's why you have insurance

CL Platano

exactly go through your insurance first, get the car fixed and then take him to court. You have his uncle's info, atleast get their info so they can atleast get summoned to court

invincible569

Let your insurance know. They should take care of everything including going after the person at fault. If it were me, i would of waited for the police to come. ALWAYS get a police report, if not, somebody is going to change their story. Like Knight Rider said, use the law. If things arent working your way, get a lawyer. Thats the first thing I would do since I dont like to deal with BS from insurance, hospital bills and the person at fault. I just let them handle it and its free with some cash out of it.

FastAcura

But if you go through your insurance, your rates might go up. My friend got t boned and even though the other driver admited fault, his insurance company wouldn't pay for the repair. My buddy paid a $500 deductable over a year ago and still hasn't received it back even though it wasn't his fault. I would try to get the money from the guy before dealing with your insurance company. Still let them know though. Tell him straight up that if he doesn't pay, he'll have to deal with the police for not having insurance. If you don't, you will get burned in the end by your insurance company.

Edr0e

So if he has full coverage, and this accident is not his fault, he would not be entitled to pay the deductible?

big mike 13

yea, im going to use my insurance... but i wnt someone to cover my damn $1000 deductible!
i cant believe the nerve of this guy, he kept insisting that once you push the bumper down, the taillight and trunk lid will go down...
i asked insurance how they would go about getting THEIR money back, they said sometimes they pursue the other party if they hve no insurance... but my chances of them getting it is pretty slim, according to my insurance. they said its best to take them to court...
and when they call me, they always block their number... i wonder why.. he also gave me a fake phone number at the scene of the accident..
what a coincidence too, the same night of the accident, i went to a local supermarket, guess who i see? driving the same fucking van...

basically my questions are:
what are the chances of my premium going up for a no fault-0 negligence claim.
what will i need to take him to court (small claims is the best?)
im guessing you take the registered owner to court, i have her info from the papers he gave me..
what are my chances of winning?
what can i take him for?
and how do i get these fuckers from driving the uinsured vehicle anymore.

big mike 13

according to Geico, im liable.. even with full... and i will have to pursue them myself for my deductible.

FastAcura

Exactly, and if they pay for the repairs, they will probably increase your rates. Which is why I'm saying you should go straight up to him and tell him to pay for everything himself and not involve your insurance. If he doesn't, contact the police right away and then deal with your insurance.

big mike 13

how much does it usually increase?
i HIGHLY doubt he would have the money (he looked dirty and poor), and when they called 3 times they said only $1000 they are willing to give....
i dont know what to do...
im already paying 1900 every 6 months for my insurance.. cant afford this shit

FastAcura

I really wouldn't know how much it would increase.

If he doesn't have the money to pay for repairs, he should have had insurance for cases like this.

You shouldn't have to pay for other people's mistakes. First thing I'd do tomorrow is go to a bodyshop, get an estimate and go to the guy and show it to him. Say "if you can't pay, I'm going to file a police report" And then tell him that after you insurance covers it, you'll sue him on top of it for that money. So he won't only have to pay for it, but he'll have to deal with the police for not having insurance.

I just can't stand people who don't have insurance. There's a reason why it's required.

WILLDOGS

DO NOT USE THEIR GARAGE!

My friend was in a similar incident as you and the guy who hit him said "Take it to my friends garage and he will take care of it". He took it and a week later he got his car back with the shittiest work and paintjob i have ever seen. He was then threatened to not make a big deal of it afterwards cause his life would be in danger etc.. etcc...

dont do it. Legal way or no way

big mike 13

yeah, it would be so much easier if he had insurance.... =/
well, the first thing i did was bring my car to the shop afte the accident (my moms friend's shop)
he estimated it over 2500...
the guy who hit me cousin or whatever the hell has been speaking to my mom that day, and she told him that, and he keeps insisting that its JUST THE BUMPER THAT NEEDS repair.. and i had them call the body shop and they told my shop the same, and that they want to paint my bumper in their car garage or some stupid shit..

Shoofin

Did you miss what I said? You have insurance against uninsured motorists! First thing's first, you better find a way to track down this guy, because right now you dont have a way to get him. You could always did what I did and requested help here on the board. Someone was able to get me a lot of info on the guy and the car that I had a minor incident with and ended the problem successfully.
See this thread: https://acurazine.com/forums/ramblings-12/there-way-311910/

big mike 13

according to Geico, NY doesnt have uninsured motorist PROPERTY damage.. only Bodily damage...
i see your from Brooklyn, can you help me out here?
so does the uninsured motorist coverage make me not liable for the deductible?
also, i have his License info and the address of the Registered owner..

Edr0e

I just got my rear bumper and trunklid replaced and it cost me a pretty penny. On top of it I tried to save a buck by purchasing a matching trunklid from an auto recycler out of state... i got scammed...

Another time... I parked my car on the street , when I attemped to open my car door, it was stuck... I look down at my fender and someone smashed it into my fender/door pretty badly. I waited 2 hours for the Police to show up, he busts out some little tool ( wheel on a stick w/ a meter ). He then proceeds to hand me a little slip and drives off angry for calling him to a non injury accident. Yeah I remember paying my 1k deductible...

Loseit

iTrader: (1)

New York cops are brutal. I waited an hour and a half for them to show up. It was funny. The other dude was given me all this bullshit "New York is a no fault state". "I get paid on Friday...I'll pay you then" I was like fuck you...we are waiting for the cops. He even said they are going to take forever. I was like "oh well...get comfy" No way in hell I was going to let him get away. Fucker worked my hospital, too. What a weasel.

F900

Don't fuck around....file a police report, go through your insurance..and do what Shoofin said in post 17.....

Ken1997TL

Shoofin is right on this 110%

Dfreder2

Your "choice" of insurance companies is half of the problem.

I've been told that this is not the case now, but back in the 80's, Geico used to take 10 to 20 percent of your insurance bill, and use that money to provide police departments around the country with radar guns to entrap you, such that they could up your insurance bill. Strange but true.

Change insurance companies.

Suggestions: State Farm, Safeway, Progressive.

bigman

Tell them to pay or you will call the cops, thats that.

CL Platano

Fix your car through your insurance company and then sue the registered owner since she is liable to put insurance on the van and if you see this van all the time just call a cop when you see it and report it.

Rock2534

Mr Hyde

Im with Shoofin.

I wouldn't try and do this asshole any favors, especially after he gave you a phoney number. If anyone calls you, tell them he already tried to scam you once with the phoney number, it would be stupid to give him a second chance.

I wouldn't care if this guy had work or not, it was his fault he hit you, and I would have waited for a cop. I hope you got his name and address from his drivers license in addition to the insurance issue.

Call your insurance company, file the police report and sue him in small claims court for the deductible if they wont cut you a check for it.

big mike 13

most likely i will have to bring him to court...
does anyone know what evidence i will need and wahtever else to win?
can i sue for more then my deductible as well?
thanks

sbuswell

Go blow up there garage! JK. file a police report today, stop waiting for your 10days to be up. Tell that little jackass you filed a report and then be like if you give me 1000.00 I will drop it, then take that money and pay your deductible and get the car fixed right. That way he tried to screw you, you screwed him and justice has been served!

big mike 13

most likely. insurance will be paying for my repairs as it shoudl cost a pretty penny (over $2500)
and my mom just got off the phone with one of his cousins or whatever the fuck... they are willing to fork over $1500... but we will see on thursday if he even comes through with it
so how does this all sound? should $1500 be enough to repay me? (my deductible is $1000). should i still file the police report? i have 2 in my hand right now ready to be sent out..
thanks guys.

FastAcura

so either way you'll be paying $1000, right? I wouldn't let the fucker get away with it though. I'd rather pay the deductable instead of having him get away with paying $1500.

ilitig8

First. make sure you file the police report timely. Did you get the help truck drivers name? If not track her down NOW, just in case you need her later.

Second, get a copy of the dec (declarations) page of your policy and make sure you do not have UIM (uninsured motorist) coverage for property damage. It is a real shame if you don't in NYC, the states I have practiced in all have it. If you do have UIM property it should show up on the dec page. If you have it there is normally no deductable (but this could vary with state law), further premiums normally do not go up (again state law varies).


NONE OF THE ABOVE IS LEGAL ADVICE JUST SOME SIMPLE "YOU MIGHT WANT TO CONSIDER THIS INFORMATION, WHICH WILL VARY CONSIDERABLY FROM STATE TO STATE.

Third a very practical bit of information AND honestly very non-politically correct. The fact that people are coming out of the woodwork offering to pay, indicates to me that they do NOT want the police or possibly indirectly some other govermental entity involved. Someone runnning without insurance is almost always judgement proof, so they really don't care if you or your insurance sue them, no skin off their teeth. So the usual reason for not wanting to stay around for the police and offering to pay outside of the normal channels has something to do with the fact they can't afford contact with the police and possibly some other govermental entity. Further, they certainly want to try to avoid the fines for being uninsured. Now, I certainly would NOT suggest it but I have heard of people being able to get full compensation from persons concerned with govermental intervention, since they really have little option compared to the possible outcomes if certain govermental entities are involved.


Fourth, if you plan to recover the deductable or any other monies directly from the interested people do it as quickly as you can. The reasons behind the offers may be predicated on the police not becoming involved, so you want that money in hand quickly because you don't have much option about involving the police since you MAY by state law be required to report it and your insurance company will likely require you report it anyway.

big mike 13

Where uninsured motorists property-damage
coverage is available
Alaska
Arkansas
California
Colorado
Delaware
District of Coulmbia
Georgia
Illinois
Indiana
Iowa
Louisiana
Maryland
Mississippi
New Jersey
New Mexico
North Carolina
Ohio
Oregon
Rhode Island
South Carolina
Texas
Tennessee
Utah
Virginia
Vermont
Washington
West Virginia

according to http://info.insure.com/auto/collision/umpd.html
what do you mean by Governmental entitty?

Doom878

This just happened to me and I'm reading a lot of wrong info.

big mike was told by Geico that he has UIM NON-property. In other words, he can't go through that portion of the policy in this case. He has to claim his own policy and pay the $1000 deductible to repair the car.

Why the hell do did Geico tell you to go after the guy. They should. They should contact the other party and set up a payment plan. They will place him in collections if he doesn't send payments. If they are offering you $1000 cash, use it for the deductible. According to Geico's policy, you're premium may not go up due to a not at-fault accident that you have to claim. Of course, if this is a common problem then yeah.

I'm in Florida so maybe Geico in New York works differently. Some asshat hit me in the summer and he didn't have insurance. He tried to set up a payment plan with me, use his body shop, send his convict uncle to the acccident scene to negotiate too. FUCK THAT. Unless you can get $2500 guaranteed funds (no personal checks) then screw them over. Actually if you can get $1000, pay the deductible, and still have your insurance go after them. Don't sign shit. They screw you over for making you have to pay and go through all the bullshit with the body shop. And a word of advise, be careful with the "approved" body shops. They suck too. :wink:

Doom878

Here's Geico's policy on how they handle claims and losers with no insurance.

http://www.geico.com/auto/claims/deductible.htm

And here's how they determine whether to jack up the rates.

http://www.geico.com/auto/claims/accident.htm

big mike 13

hey, thanks doom...
i brought it to my moms friends shop and they work with Geico as well, so i should be good on that part... i trust them.

"Payment recovery usually takes about six months. Sometimes payment recovery happens more quickly. However, if the negligent party or that party’s insurance company does not cooperate, recovery could take longer. In some cases, we are unable to recover anything at all"
quoted from one of your links...
i asked Geico about that last time and they said usually they have a hard time recovering anything in most cases..

so would it be right for me to take his $1500 even if im going to do it through insurance? what if Geico DOES HAPPEN to get me my Deductible back through the payment recovery system.... would i have to give him his $1500 back? right now i think HE thinks we arent going through insurance..
so what did you do about your car? the guy tried to bring me to one of his shops too, but fuck that, dont trust that at all.

Doom878

Check with Geico first that that's an approved shop. Reason being, they give you a lifetime guarantee using their shop. If he works with them all it means is that he's probably dealt with the adjuster but might not be an approved shop. Those types of shops usually have an office for the adjuster.

I didn't take any money from him but I would tell Geico. They'll find out anyways because when Geico contacts him he'll be sure to mention that detail. I wonder if they'll let you use it for the deductible.

I didn't bother with his BS shops. God knows what they'll try to do. We're in big cities and there's lots of swine out. You might end up in the river if you go that route. I just called Geico, set up an appt. with their body shop, dropped off the car, and about a week later picked up my car and paid the deductible.