OneGuyInCA

<center><img src="http://www.estatephotography.com/A6/bump2.jpg"></center><p>Was stopped at a stop light getting ready to make a left turn. Light turns green and as soon as I'm about to let my foot off the brake pedal, bamn! The lady behind me in a little Red Ford Escape hits me. Apparently she was looking down when her daughter dropped something in the car. She mistakenly let her foot off the brake pedal and the car rolled forward.

Nonetheless, there are damages... what looks to be mainly cosmetic. We traded information and here I am.

I've been in a major accident before with my red Passat which was totalled. That time both my insurance and the other guy's insurance were notified and they took care of it.

Since this is a minor fender bender, what are my options for not getting the insurance involved? What's the easiet way to settle this without much trouble?

I'm hoping to get a quote on the damages next week and planning on forwarding this information to her to see if she wants to pay out of pocket and not get the insurance involved. Think this is a good idea?

I should also mention... this accident happened today... 6 months 7 days exactly to the day that my first accident happened. It's also on a Friday night when my wife and I were on our way out for dinner. Freaky or what?

<a href="http://www.estatephotography.com/A6/bump1.jpg">Image 1</a>
<a href="http://www.estatephotography.com/A6/bump2.jpg">Image 2</a>
<a href="http://www.estatephotography.com/A6/bump3.jpg">Image 3</a>

andrec

Call her agent and advise him/her of what occurred. They can get a claim started. They'll probably ask to have your car inspected by one of their adjusters. You can be proactive and get some estimates of your own.

Her carrier will not immediately admit liability. The adjuster will want a statement from you and from her. Hopefully she won't deny it, they'll honor your claim, and you can get your car repaired.

Personally, I'd opt for them to cut me a check, then I'd get the car repaired at a shop of my choice.

Remember, everything's negotiable. You just need to support your position with evidence i.e. photos, estimates, etc. Any witnesses that can be contacted to support your story if needed?

Damage looks minimal in the big scheme of things. Hopefully she has a reputable insurance carrier that will just step up to the plate and honor your claim.

OneGuyInCA

my own voluntarily then faxing her a copy of the estimate to see if she's willing to pay for the repairs without getting her insurance involved is not recommended?

In this minor fender, I don't see a need to notify my insurance company. What do you think?

Chuckie T

~$1k - maybe $850 - for a new OEM bumper cover, including paint, installation, etc. The cover is ~$550 alone.

OneGuyInCA

it wouldn't matter how much cuz it ain't my fault.

Did you file a claim with the other insurance company to have it taken cared of?

I was hoping to get a quote and seeing if the lady who hit me wants to take care of this by paying out of pocket and not get her insurance involved. Think this is a good idea?

uberlinkA5

I understand the desire to keep the insurance companies out of the mix to help her out, but you also have to watch out for yourself. Leaving the insurance company out puts you in the position of having to collect from her, which can be a pain. What if she says she thinks your estimates are too high? What if she balks? Be a little careful. Insurance companies will look for basically any reason to deny your claim, and if it turns out she won't pay out of pocket or whatever you might have more trouble if you have waited a couple of weeks before filing your claim. You don't want to wind up in a situation where you're having to fight for the money!

Oh, and listen to Andrec: get the money and pay the shop of your choice. You might wind up making a few bucks and you'll keep control over the quality. If the estimate shoots up for some reason, the insurance company will usually give you a supplement.

andrec

Same thing happened to me about 4 years ago; rear ended at the Bay Bridge toll plaza by an inattentive driver. We exchanged info, I sent him the estimates, but he was avoiding me. Finally got him on the phone, he said the estimate was too much and he wanted me to take it to his friend's body shop. I threatened to come over to his house to collect the money. I got a check in the mail 2 days later.

Definitely do NOT notify your insurance company just yet. No need for them to get involved UNLESS the other driver flakes, her insurance company is being difficult, and you really want to get your car fixed.

Good luck!

Although this accident was not your fault, your insurance company may hold this against you if you recently had any claims. They could potentially increase your premiums or even non-renew your policy.

If I were you, I would:
-get some estimates
-present them to the other driver
-ask other driver to pay or advise her insurance carrier
-if she refuses to pay and refuses to notify her insurance carrier, then contact her carrier directly and try to work with them
-be diplomatic but firm
-last resort, you can file a claim with your own carrier. Keep in mind that if the damages do not exceed your deductible, then your own carrier will not pay out anything and will not pursue recovery from the other driver's insurance carrier. Then you're back to square one again.

Sorry, a lot of information in this post, but just trying to give you your options as I see them.

uberlinkA5

I know some states require you to notify your insurance carrier within 10 days of any accident regardless of who's at fault. That doesn't mean you have to file a claim, and you shouldn't. Get the money from her or her carrier.

Andrec is right: don't let her jerk you around. If she balks, call her insurance company and cut her out of the loop. She is not your friend. She is your adversary.

OneGuyInCA

through her insurance company in the great State of CA?? Obviously it'll take me a few days to get a quote for the damages during which I'll forward the estimates to her to see if she agrees. If she does, then we're good. If not, then the next logical step is to contact her insurance company and file the claim as you've suggested.

At all cost, I'd rather not call my insurance company to report this not-at-fault accident for fear of increased premiums. If in the event I HAVE to contact my insurance company, is there a maxmium number of days that passes that I must report it?

Good info you guys are providing. THANKS GUYS!!

andrec

Check out Scenario #2 in the link. This is the situation similar to yours.

I do not know the Statute of Limitations (SOL) for filing an auto claim in California. YOu will find it in your insurance policy. Yeah, I know, who ever reads these things? Might want to try a search on google as well.

Andre<ul><li><a href="http://www.sandiegolawyerforyou.com/auto-accidents-san-diego-ca.htm">http://www.sandiegolawyerforyou.com/auto-accidents-san-diego-ca.htm</a</li></ul>