Expert: Bennie719 - 4/20/2008

Question
QUESTION: Hi, I got in an accident yesterday. The police came but only gave up an exchange of information form (no report). There are not other witness. I think it is the other party's fault and she thinks is mine. So it's hard to say. We agree not to file a claim due to the damage was minimal. However, how can I be sure she wont file the claim after I fix my car? Should I send her a written letter and have her signed? Can she file a claim if there are no police report and witness?

ANSWER: Hi Ivy,
The only way that you can proper protect yourself from a future claim for damages and possibly an injury claim is to make a full report to your insurance company within the next 10 days.

They will contact the other party and pay her 50% of her damage (since fault can't be determined) and secure a release stating that she is not injured.

Otherwise, in most states, she has up to 3 years to file a damage claim against you.  During that time, her car may sustain more damage that she will blame on you.

Depending on your state of residence, she has 1-6 years to file an injury claim against you.

If you don't report the accident to your insurance company now, they have the legal right to deny a claim presented by the other party months or years from now and you would be liable for the entire payment.

I hope this information has been if help.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
Sam Francisco Bay Area

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for your reply. I just wanted to see if you could answer some additional questions I have. Since it's better to report to the Insurance company. In this case, should I file the claim with her insurance company? So they will also pay me the 50%? And my damage is about 1000 and hers about 800. I am currently 25 years old. Mine insurance company is allstate. Do you know about how much my rate will go up per mos? Thank you!

Answer
Hi Ivy,
Yes, you should file a claim against her insurance for payment.
Due to the amount of damage, your rate will increase for the next 3 years, but it will certainly be less than the $1,000 if you paid all the damage to repair your car out of pocket.
Only your Allstate agent can give you an approximate ideas of the amount of your increase.  Give him a call.

Please take a moment to rate my answer.

Thanks,
Bennie