Expert: Doctor Settlement - 10/26/2007

Question
I’m living in New Zealand. A car hit me from behind and ricochets on another. I do not have insurance on my car, but the one hit me is a company car with insurance. We do not report the crash, and in this morning I call the driver to arrange the payment and he said his boss will contact me later. What do you think guys, is that right? Do I have the time limit to report that somewhere or so?

Answer
Hi Cristina,

My "second mom" was a war bride from Wellington, and they lived across the road and had a son same age as me, so I guess I grew up with a little bit of the "Kiwi" influence.

I would not wait more than one day without sending a note via e-mail or fax to the boss.  Also, how hard was the impact?  Is it possible that in a week you will start to feel pain from a soft tissue injury?

Here is how things usually work when there is no police report: a statute usually requires the participants to file a report.  And no, you are not too late to do so, notwithstanding any language to the contrary regarding making the report within 30 days or the like.  Just ignore that and file the report if that is what you decide to do.

I would call your Department of Motor Vehicles or your Department of Licensing to inquire as to the requirements about filing a report.
I am guessing that you have a duty to report any accident in which the property or injury damages exceed a certain threshold.  In the States, it is usually something around $500.  Hence, you might be better protected in making a future injury claim if you were to file the accident report.  It does not mean you are calling their insurance (at least not yet).  It just protects you to have an official version of the accident on file.

Here is the problem you face: I am guessing that if you make an official report to the Department of Licensing someone might cite you for driving without a license.  BUT what is worse, getting a small citation or losing out on personal injury damages?

My guess is that if a car hit you and bounced on to another, there was sufficient impact to cause some soft tissue injuries.  Hence, I would like to see you forego the side deal to let the tortfeasor's company fix your car.

Instead, you need to be patient about settling out your personal injuries.

Here is one idea.  If the company wants to avoid using its insurance and they are willing to fix your car, then fine----let them to that.  BUT BE SURE THAT ANY RELEASE YOU SIGN DOES NOT INDICATE THAT IT IS A SETTLEMENT OF THE CLAIMS FROM THE ACCIDENT.

You have BOTH a property damage claim and -- at least in my experience -- a soft tissue injury claim.  You can specify on any release you sign or on the check itself that this is "for property damages only".

That preserves your right to go after them for your injuries.

Best wishes, Kiwi,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com