Kapoosh1

I rearended somebody recently in a very slow speed accident. And the damage is minimal.

The police came (we didnt call them) and basically took over everything, even though we had basically decided i would just pay both damages out of pocket.

So i received a ticket and we were both given police reports to mail within 10 days.

So basically i dont want a claim this small to go to my insurance and am paying her damages out of pocket.

Are we obligated to mail out these police reports?? Also if were not, what happens if she does it anyway?? Will it get back to my insurance that i had an accident??

I can take the class for the ticket so i'm not worried about that.

Thanks for the help!

Kapoosh1

but my deductable is 1K, so really i would be claiming 1K with my insurance which i would rather not do.

So basically i'm SOL??

What happens if we don't send in the reports? Is that illegal?

jedi-jurist

If she agrees not to go to court, the ticket will be dismissed.

JustAdam

No doubt - I have called mine before and he helped me settle - kinda.

Kapoosh1

and the lady said yes, more than likely.

Should i admit to the agent that i recieved a ticket too then?? Maybe i'm just paronoid, but i really don't want my rates to go up.

I know i was involved in a hit and run once and i called and told my insurance and they told me to just throw the report out, no need to turn in it. Thats why i thought maybe someone had dealt with a similiar situation.

jedi-jurist

Sounded like he drove by after the incident. Unless he witnessed it, charges should be dropped.

Cameron

This is an issue many are confused about. Accident reports are confidential, are not accessible or obtainable via any civil or criminal litigation, and do not fall within the "business records" hearsay exception. They are not supplied to insurance companies or the insurance industry as a whole, either in the ordinary course of business or upon request.

The law does not, however, bar the disclosure of the identity of your insurance carrier, if any, to the other motorist involved in the accident, and potentially your insurer could be disclosed to other third parties. See American Ins. Co. v. Formeller, App.1970, 123 Ill.App.2d 244, 263 N.E.2d 262 and West's Notes on Illinois Pretrial Procedure.

There is a statutory amount of damage at which reporting is mandatory, and if memory serves it is quite low - on the order of $500. But don't quote me on that. As to confidentiality of reports, that's an area where I know a bit more.

Hope that helps.

Excerpted below from 625 ILCS 5/11-412:

ยง 11-412. Motor vehicle accident reports confidential. All required written motor vehicle accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department and the Secretary of State and, in the case of second division vehicles operated under certificate of convenience and necessity issued by the Illinois Commerce Commission, of the Commission, except that the Administrator or the Secretary of State or the Commission may disclose the identity of a person involved in a motor vehicle accident when such identity is not otherwise known or when such person denies his presence at such motor vehicle accident and the Department shall disclose the identity of the insurance carrier, if any, upon demand. The Secretary of State may also disclose notations of accident involvement maintained on individual driving records. The Department may furnish copies of its written accident reports to federal and State agencies that are engaged in highway safety research and studies. Reports furnished to any agency other than the Secretary of State or the Illinois Commerce Commission may be used only for statistical or analytical purposes and shall be held confidential by that agency. No such written report shall be used as evidence in any trial, civil or criminal, arising out of a motor vehicle accident, except that the Administrator shall furnish upon demand of any person who has, or claims to have, made such a written report, or upon demand of any court, a certificate showing that a specified written accident report has or has not been made to the Administrator solely to prove a compliance or a failure to comply with the requirement that such a written report be made to the Administrator.

The Department of Transportation at its discretion may provide for in-depth investigations of accidents involving Department employees. A written report describing the preventability of such an accident may be prepared to enhance the safety of Department employees. Such reports and any opinions expressed in the review of the accident as to the preventability of the accident shall be for the privileged use of the Department and held confidential and shall not be obtainable or used in any civil or criminal proceeding.

Kapoosh1

Yup, cop came later, no witnesses.

Kapoosh1

$500 is really low, i mean the bumper for my car is $455!

Oh well, i really don't went to get in trouble with the law over something so small, maybe i should just turn it in.

I just know my insurance will skyrocket since i'm still fairly young.

skabaru

there should be no problems talking to your agent about this.

the accident should not affect your rates unless you file a claim. The ticket is not a conviction until you and the other person go to court and she would have to be present and charge you. Remember, the ticket is she v. you, so she would have to WANT to follow through with it. so you are likely safe on that.

So talk to your agent, there should be a accurate mathematical equation to determine if the claim is worth making.

if ((cost of all damage) < (deductible + (annual rate increase x 3 years))

don't claim it is the above is true. Also, if the above is NOT true, and you would be more out of pocket doing it yourself, remember too that it is 1 strike against you, so while you may come out $400 ahead here, another accident could be VERY detrimental to your insurability in the future.

But again, assuming you have a quality agent, discussing this with him/her should not be a problem.