Car accident hit from behind 3wks ago?

Question

About 3 weeks ago my husband was hit from behind by a 17yr old kid during stop and go traffic while driving my car. The kid was driving a beat up old car so and damage to his car - My rear bumper has a 1/2 dollar sized deep gauge out of it. He never called the police or filed an accident report. After the mother of the diver got the 2 price quotes (one from her own recommended place) she freaked out and said i'll give you 1/2 and that's what i've been advised to do. I called her and freaked out on her over it and she hung up on me. I just filed a claim with my ins. co (esurance) and now i'm waiting to find out what will happen next - . Is there any way they can get out of paying? I have the kids DL#, ins. policy #, home address, phone numbers.... the appraiser is supposed to call tomorrow and come see the damage. I am so pissed off that this happened thru no fault of our own and the mother could be so dishonest in not paying for her son's accident. What should I do?we are in nj

Answer 1

mistake # 1 no police report...if your co pays 4 repairs watch premimums go up..what were quotes?  think about diy

Answer 2

No, they cannot get out of it.  The kid is legally liable for the damage he caused when he rearended your vehicle. Assuming the kid was a listed driver, their liability coverage will pay for the damage to your vehicle.  

You have two options, go through your own coverage or file a claim against the at fault driver's liability coverage.  

If you go through your own coverage, the deductible will apply.  Your insurance company will then subrogate for what they paid out and the deductible.

Answer 3

I hope you got a police report>

Answer 4

Now that you have made an insurance claim, you can rest and let them take care of it all. Don't talk to the Mom anymore. Tell her to call your claims agent if she has questions.

Relax. The insurance company will take care of you. Have some herbal tea and go to a movie or something relaxing. I had the same thing happen and it came out in my favor. 17 year olds rarely win car accident arguments, anyway, especially on a rear-end hit.

Best of luck,

JJ

Answer 5

the main thing to remember in a situation like this is to remain calm. Dont let it get to you. Stay cool as a cucumber. Lets look at this rationaly. First, you did make a booboo by not getting a police report at the scene. However, they would have to be stupid to try and deny it. They would have to get a lawyer and go to court and then lie at the trial. Most people dont have the energy to go through that and they pay for the damages. This lady, only wanting to pay half is crazy. I would talk to a lawyer to be sure but, I would call her and tell her that she can pay for it all or you can get the insurance companies involved. If her 17yr old son has an accident on his record then her rates will go up. She wont want that. So, more than likely she will give in and do the right thing. If she doesnt then pull out the guns. Talk to a lawyer, your insurance company, the police. Get a statement from them on that police record and she will really be screwed.

Answer 6

First of all, Stay calm. If you called me and " freaked out at me over the phone" I would probably hang up on you too. Even as a professional, Nobody deserves to be yelled at.

Since you made the claim w/ your carrier, let them handle it.

After the appraiser inspects your vehicle, your company will issue a check for the cost of repairs, less the amount of your deductible (which you will have to pay if you use your own policy)

After your vehicle is repaired, your carrier will subrogate and collect the money they paid, and your deductible, back from the other party.  If the other driver has insurance, their company will reimburse your company.

Also, If the other driver IS insured, you also have the option to make a claim with their company. If they accept liability, they will inspect your car as well and issue a check for the damages. You would then not be out your deductible.

Hope this helps.