Have I covered all my bases in this car accident?

Question

I got rear-ended a week ago by a 17 year old. He had more than one passenger so we didn't call the cops, but I got him to write a note that stated he hit me from behind and he took responsibility for the accident(signed) and would pay to get it fixed. I didn't get a police report though so I don't know if he can try to wiggle out of this situation somehow.

Does anyone know how this works, and if I have anything to worry about? I live in NJ if that matters.

Answer 1

You have probably screwed yourself!!!   You should have called the police and had a police report filled out.   He would also do a exchange of insurance information.    17 yrs old and he says he is gonna pay??..........right !   If you didnt get his driver's license number, name , address, and phone number,  ur pretty much screwed.    If you did get all that information,   you can try going to the police,  but they will ask you why you didnt report it right then,  which is not going to make you look very good,   unless you say that you didn't want to get him in trouble, but ur now afraid that he may try to wiggle his way out of this.    I think you should talk to the police.  Good Luck ! ! !

Answer 2

Ok, here is how I would handle this. I dont know about police reports, because I am not from USA.

What you need to look at is the first thing the judge will ask for if and when you go to small claims court is a contract. A written letter saying he will pay is not a contract, however, it is an admission of guilt.

I would do the following.

Go and get 4 estimates. He cant feel cheated if you show him 4. Make sure one is from a dealer who sells your brand of car, so that everyone knows you have been fair, and its not 4 body shops you go and have beers with on a Friday night.

Ok, now, go and type out a proper written contract based on the estimate that you choose to go ahead with. It doesnt have to be the cheapest, nor the dearest. If you always go to Jims Bodyshop, you can choose to have your car repaired there.

(Depending on how nice a person you are, you may say that Jims Body Shop is $150 dearer than the cheapest quote, but you will put the $150 toward it to have the repairs done at Jims. This will work well with a Judge too, as it shows you are really trying)

Ok, so the repairs come to $X. You need to draw up a contract, with a copy for him, and a copy of all the quotes attached to it.

First off, you need a breif summary of what  happened. What time it was, what day it was, your car details, his car details, your name, his name, licence numbers, licence details, home addresses, etc etc. Include a photo of both cars, showing damage, and also a photo of the road, from a few angles.

Now, You need to include the payment arrangements. Either you want the full amount paid to you within X days, or, you want X amount paid to you each Friday, until the amount is paid in full.

You also need to put in there what you will do in the event that the full amount isnt paid within X days, or if the person misses more than 2 payments in a row.

You need to give him a copy of everything that you have done.

You need  him to sign it, along with you, and a witness, His parents would be good, but if he's hiding it from them, try a JP, a Judge, Solicitor, Police Office or someone with a high local standing.

If you are going to allow him to make payments, you need to get a exercise book and write the date in it of every friday, or whatever day  you decide he can pay, from the first date til the last, When he pays, put a X next to it, If he pays late, write the date he pays in the column. You also should both sign this book each time you recieve a payment. This will be another thing the judge asks for. 'Oh, I think he paid me $40 twice is not the right answer'.

Now, that, will be near watertight if it goes to court.

Answer 3

Well i hope you got his information as well, like his drivers license number, address, license plate number and phone number.  I guess making him sign that does make him obligated to pay the damage, but you gotta have his information on hand too just in case he never decides to pay or something and you wanna take it to court, otherwise it might be a little harder to prove your case with only a signature. Anyways i'm sure he will go ahead and pay for the damages if you got his info and everything, since you could still report him (assuming u have his info and plate number) and he could still get in trouble for having others in the car.

It's been a week so you should be getting paid right about now for the damages. If he hasn't said anything yet, i hope you have his number or something to call him up and work it out.

Answer 4

I dunno, tbh I think it'd be a case of your word against his cause there were no outside neutral witnesses to back you up?

He could easily deny signing that.... and refuse to pay ...

then again I should probably have more faith in people!!!:)

Answer 5

You should have called the police and hopefully you got his insurance information and filed a claim on the policy... that's what insurance is for. How do you know this kid has enough money to fix your car? Where are his parents? Will he provide you with a rental car to drive while your car is being fixed?? INSURANCE