Expert: Anne - 9/29/2008

Question
My husband was in a minor accident on the PA Turnpike. He was at a toll both and hit the car in front of him, resulting in minor damage to the other's rear bumper. The person did not want to exchange any insurance information and instead exchanged names, phone numbers, and made an agreement that my husband will pay 200$ when he is paid from work. The guy did not want to exchange any insurance info because he was driving a rental and didn't want to get into any big trouble. The guy is now threatening my husband, saying that he won't tolerate any lies, wants the money asap, and stated that his brother is a state trooper. The car my husband was driving belongs to his mum. What should we do in this situation? People suggested that my husband pay the 200$ and have everything in writing, with signatures from both parties, to ensure that the other guy won't take any more action. Is this a viable solution?

Answer
Hello Sue,

Well, no. You owe the money to the owner of the vehicle. You cased damages to the owner of the vehicle, not the driver.

Do you see the problem here? The driver probably wants to keep the money, but I think he likely did not report the car as being in an accident or being damaged. If you pay him, the rental company can still come after their damages. The driver has no right to settle for them.

However, the driver could claim an injury, in which case, the driver would have rights against you (son and the policy holder, your husband mom). $200 could save you a later lawsuit!

It is an interesting situation, but I just want you to be aware. This is your decision and you should consult with an attorney before doing anything or drafting any document.

I hope this helps,

Good Luck,
Anne
http://www.Auto-Insurance-Claim-Advice.com