Expert: webfoot - 10/18/2006

Question
I have a 05 sentra and the other guy have a 94 van. (I don't know the model of the other car)  I had a stop sign and I did stop and saw his van at the end of the block so I decided it was safe to go but the next thing I know was he smashed into me pretty hard.  There were minimal damage to his van.  I would say the headlight and the grill will have to be replaced but his car was one of those huge, heavy duty work van and mine was a small car compared to his.  My passenger doors and fender was caved in from the impact.  Both of us were fine, we called the cops and everything was reported and we exchanged numbers because he was suggesting of not going thru insurace.  The insurance of that van that he was driving was not under his name but under his wifes.  I thought that option would be ok, thinking that he would partly pay for my damages. But next think I knew was that he wanted me to go to his auto guy and to also pay for his damages.  I told him that I would rather go thru insurance and a few moments later his wife called me saying that she wants my insurance agent number to call to get the van fixed quickly as possible without the police report.  I told her that the insurance companies will handle it after we submit the police reports and she said that she doesn't want to go thru her own insurance because she doens't want her insurance to go up and kept insisting for the number or just not to go thru the whole insurance ordeal.  After saying no that I rather not, she then tells me that her husband is now going to the hospital and that the van is not drivable.  We were both fine and the police officer ask us both if ther cars were drivable and if we were all fine.  Now I am so worried about the idea of him suing me for the whole thing.  Do you think he have a case or is he a fraud?  Because he told me a week ago he had his Mercedes side mirrors stolen and the insurance gave him a total of $2100.  And I know he's lying about his "injuries" becuase from the look of the cars alone, anyone can tell he hit me at a high speed.  Please help.

Answer
If you had the stop sign, then it was your duty to yield. Unless you have proof that he was speeding then I don't understand why you didn't turn this over you your insurance company right away.  I'm also unsure of why you would be expecting the person who had right of way to pay for your damages.  

You are required under the terms of your insurance policy to report all accidents.  That is so they can act quickly before opportunities for fraud arise.  

This needs to be handled by your insurance.
Good luck.