Crazy lady backs into my car...don't think she will pay me out of pocket

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bigguy8437
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Crazy lady backs into my car...don't think she will pay me out of pocket

Post by bigguy8437 » Thu Jan 31, 2019 11:48 am

So about three weeks ago some lady backed into my car while i was at a stop light. the damages were relatively minor, quoted for 500 or so as my bumper popped out a little and there were some scratches. she asked me if i would go outside of insurance and i said i would, so i got a quote about a week after the accident. they quoted me for $400 and i sent the lady a picture of the quote. i gave her two weeks to give me the cash (deadline was last sunday). she has been making up excuses and wasnt able to give me the money - shes been saying her daughters since in the hospital, just travelled out of state, etc. she says she has the money but just isn't around to give it to me. i honestly dont think shes going to pay me at all.

today i finally had enough and went to my auto insurance company (amica) and filed a claim. i told them the whole story and at the end they said since my quote was for $500, its below my deductible of $1500 so they might not be able to do anything. the lady said someone is going to review my policy to make sure but they recommended to call the other persons insurance and file a claim with them.

my dad is saying the above is incorrect, and since i wasnt at fault, it doesnt matter what my deductible is, and i should call them back and explain that. is that correct? i also have a string of text messages from this lady admitting her fault and also pics of my car.

the lady angrily called me back today and was like leaving me a voice mail saying her daughter is sick and is mad i went through insurance. this is just taking up so much of my time and i just want my car to be fixed. this is why i decided to go thru insurance. what should i do? is my dad right about the deductible thing?

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8foot7
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by 8foot7 » Thu Jan 31, 2019 11:51 am

Your dad is ultimately correct in that if you were not at fault, your deductible eventually won't apply.

What does happen, however, at times is that when you go through your own insurance to act as your agent when you are in a not-at-fault accident, they generally will only advance money to the body shop in excess of your deductible (sometimes for serious enough accidents, or if the other party is insured with the same company, they will waive this policy). Your insurance company would then pursue recovery of your deductible money from the other party's insurance company through subrogation.

I think what your insurance company is telling you here is that since the damage is below your deductible, they aren't willing to front the money to do the repair, and so they're recommending you file with the at-fault company so that the at-fault insurance company will advance the money to the body shop so that you aren't out of pocket at any time.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by 8foot7 » Thu Jan 31, 2019 11:56 am

I think you were absolutely right to pursue this with insurance, though. An unwritten rule about doing things outside of insurance is that you handle them with speed and with cash and this lady has given you no reason to believe she will come through.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MotoTrojan » Thu Jan 31, 2019 11:57 am

Be careful going through insurance. I’ve had non at-fault claims (comprehensive) end up dinging my premium for far more than I paid. This is different but still I wouldn’t risk tarnishing my record for $500.

I’d consider sending a formal looking letter (use a lawyer template maybe) stating the facts of the situation and that you will be filing a small court claim on a specific date perhaps a week away. If you get paid, it worked. If not I’d probably let it go. Life isn’t always far. I’ve had people hit me, call me so I had cell, and then not answer me (insurance couldn’t confirm identity). They didn’t have ID/insurance so now I regret not calling cops just for the principle but it was pouring rain and I felt unsafe with them.

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bigguy8437
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by bigguy8437 » Thu Jan 31, 2019 12:00 pm

Should I even respond to this lady who hit me? She left me an angry voicemail asking to call her back. she was like "we had an agreement"...yeah the agreement was you would pay me by this sunday and she has made up a different excuse everyday since then and all her texts are very sketchy.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by goblue100 » Thu Jan 31, 2019 12:02 pm

I'd call her insurance today. I was rear ended with minor damage and never even called my insurance, it was all done through the other persons insurance.
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Rupert » Thu Jan 31, 2019 12:03 pm

Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by jeff1949 » Thu Jan 31, 2019 12:18 pm

My insurance company once told me that there is a "threshold" for a "chargeable" incident like this. At the time it happened I was told the threshold amount was $400. If the amount of damages was below $400 (say $399) the incident would not be reported as a "ding" on my insurance rates. This was 15-20 years ago so I imagine the $400 limit may be higher now.

If I were the woman who caused this incident I would give my insurance agent a call and ask if there is such a policy by which an incident is forgiven if under a certain threshold amount. You might suggest this to her but it sounds like it may be too late for that now.

I did this once when a good friend borrowed my pickup and put a small dent in it. I told his insurance company I would settle for $399 (just under the threshold amount) and everyone went away happy.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by RickBoglehead » Thu Jan 31, 2019 12:19 pm

You should call no one. AMICA will handle it, they'll a) ensure you get a quality repair and b) go after her insurance company for your deductible.
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MnD » Thu Jan 31, 2019 12:21 pm

bigguy8437 wrote:
Thu Jan 31, 2019 12:00 pm
Should I even respond to this lady who hit me? She left me an angry voicemail asking to call her back. she was like "we had an agreement"...yeah the agreement was you would pay me by this sunday and she has made up a different excuse everyday since then and all her texts are very sketchy.
Since your insurance hasn't initiated a claim with the other insurance company and doesn't sound interested in doing so over $500, I'd call her and tell her you will file directly with her insurance Monday morning unless you are paid in cash on this Friday. No more extensions or communications after Friday. The travel/hospital/whatever stories are likely just lies but she's also likely very aware of the consequences of a claim on her insurance which is much more than $400/$500.
Last edited by MnD on Thu Jan 31, 2019 12:24 pm, edited 1 time in total.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by randomguy » Thu Jan 31, 2019 12:24 pm

I doubt she is crazy. I also doubt she has the money to pay you.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by investingdad » Thu Jan 31, 2019 12:24 pm

File the claim with her insurance company and then let yours know that you have done so.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Thegame14 » Thu Jan 31, 2019 12:29 pm

Did you get a police report? You always get a police report and should always use insurance. I have been hit many times, once agreed to do the same as you and then when I gave the person the quote for $1,500 he said I was trying to rob him, so then I filled with his insurance company

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by GerryL » Thu Jan 31, 2019 12:37 pm

First time I was rear-ended (5 times in 3 cars, so far), I immediately called my agent. Turns out the guy who hit me was a customer of the same insurance company -- but he had let his insurance lapse … again. He started calling me and asking to handle it outside of insurance. I figured If someone can't keep up his insurance payments, what are the odds he will make good on paying for the repairs and said no. I also had to have my agent call him and tell him to stop calling me (at my office!). I had to pay deductible because it was uninsured motorist at fault. After a very long time the insurance company eventually got some or all of that amount back for me.

The 4th time I was rear-ended it turned out the driver was uninsured. ("Oh. I thought I was still covered under my ex-husband's policy.") Insurance tried but was never able to get money from the other driver so I was out the deductible. Also out money for a rental while car was repaired.

I say let the insurance companies handle it. They have a lot more experience dealing with these issues -- whether the other driver is insured or not. At least she has insurance -- and you have the emails.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by dbr » Thu Jan 31, 2019 12:38 pm

As you can see evading insurance is a mistake. The lady is not crazy but most likely financially stressed. Probably anyone who wants to not report to insurance is just precisely the person who is never going to pay you either.

I don't know what the limits are, but you can also get into trouble with your own insurance company if you don't report an accident. If somehow someone turns up with personal injuries later on, the trouble could be big trouble.

Here is some info: https://www.nolo.com/legal-encyclopedia ... orted.html

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by dknightd » Thu Jan 31, 2019 12:46 pm

Do you have her name and insurance info? I'm assuming no police report.
I got rear ended, but the driver kept going. So I had no info. I filed a police report
Just get it fixed. I had to pay my deductable

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Mister A » Thu Jan 31, 2019 12:48 pm

MnD wrote:
Thu Jan 31, 2019 12:21 pm
Since your insurance hasn't initiated a claim with the other insurance company and doesn't sound interested in doing so over $500, I'd call her and tell her you will file directly with her insurance Monday morning unless you are paid in cash on this Friday. No more extensions or communications after Friday. The travel/hospital/whatever stories are likely just lies but she's also likely very aware of the consequences of a claim on her insurance which is much more than $400/$500.
^ This.

Forget all her excuses. Either she gets you paid on time and gets out of your life or she doesn't and you proceed.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MnD » Thu Jan 31, 2019 1:07 pm

dbr wrote:
Thu Jan 31, 2019 12:38 pm
As you can see evading insurance is a mistake. The lady is not crazy but most likely financially stressed. Probably anyone who wants to not report to insurance is just precisely the person who is never going to pay you either.

I don't know what the limits are, but you can also get into trouble with your own insurance company if you don't report an accident. If somehow someone turns up with personal injuries later on, the trouble could be big trouble.
In the original post his insurance Amica recommended he contract the other insurer directly since his deductible is $1500 hence they will not provide any funds up front for the repair and they will end up spending a great deal of time to "maybe" recover $500.

I will also bet dollars to donuts that the other driver will claim to be not at fault when her insurance company contacts her about this incident, which will open up a whole nother can of worms.

So I'd try the "pay up tomorrow last chance" approach. If not paid and so inclined on Monday, file directly with the other insurance company and file a report with the police. He may not get his $500 back, but he will create yet another life problem for the individual who was at fault and opted not to take responsibility for her actions. He has already filed a claim with his insuror Amica so should be covered in that regard.

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bigguy8437
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by bigguy8437 » Thu Jan 31, 2019 1:31 pm

hey so big update here....amica just got back to me and said they are willing to pay for it now. they said they are going to have an appraiser come tomorrow to appraise it themselves. the agent said this is recommended because there may be more damages "inside" that i may not have seen.

should i even let the lady who hit me know about this? im sorta afraid to talk to her anymore. she also has my address which sorta makes me paranoid haha...she lives like 5 mins from me too

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by go140point6 » Thu Jan 31, 2019 1:32 pm

Once the dust settles, you should seriously shop around for new insurance if Amica really told you they can't be bothered to assist. What do you pay them for? I understand the deductible part so you're going to be out of pocket for a bit, but they should be your advocate to get your deductible back from the other party's insurance. Perhaps it's state specific what they have to do and what they don't have to do... I'm in California and AAA was pretty on-the-ball when I was rear-ended (by someone who was rear-ended from someone else!). I had to pay my $500 deductible up-front to the shop, but that came back within a week because they eventually got the police report showing 0 fault on me (sitting stopped at a red light, I should hope so). And if I had waited for the police report to be available, I wouldn't have even had to do that since the other party was 100% at fault (my car was easily drive-able, but both the car that hit me and the car that started it all were totaled needing tow-trucks).

And my rates were not affected (again, that might be state-specific law). So look for new insurance if Amica is making you do it on your own, regardless of the amount. To me, that's part of the job I'm paying my insurance company for every year.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Jack FFR1846 » Thu Jan 31, 2019 1:37 pm

You can make your own agreement with the lady if you choose. From a hassle standpoint, I wouldn't bother. If I were to even consider it, I'd let her know that the insurance company has said they expect that hidden damage will increase the cost, so if she shows up in one hour with $1000 in $20 bills, you'll close the claim. Otherwise, go away.
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Mister A » Thu Jan 31, 2019 1:40 pm

bigguy8437 wrote:
Thu Jan 31, 2019 1:31 pm
should i even let the lady who hit me know about this? im sorta afraid to talk to her anymore. she also has my address which sorta makes me paranoid haha...she lives like 5 mins from me too
It's out of your hands at this point, right? Amica is taking over.

Forget her. She's from a mindset that she's entitled to this deal she broke and it will never produce for you. Let her cry about it to her insurance rep.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by TN_Boy » Thu Jan 31, 2019 1:44 pm

bigguy8437 wrote:
Thu Jan 31, 2019 1:31 pm
hey so big update here....amica just got back to me and said they are willing to pay for it now. they said they are going to have an appraiser come tomorrow to appraise it themselves. the agent said this is recommended because there may be more damages "inside" that i may not have seen.

should i even let the lady who hit me know about this? im sorta afraid to talk to her anymore. she also has my address which sorta makes me paranoid haha...she lives like 5 mins from me too
Why call her? You gave her time, she was unable or unwilling to pay. My wife was the "nice person" in your exact situation once. The guy that rear-ended her had excuses .... but didn't pay. So we had to go through insurance. It's unfortunate if the lady doesn't have the money to pay for the damage she caused, but why should that be your problem?

Just let Amica handle it. I consider having my insurance company deal with the "other guy" and their insurance part of what I am paying premiums for. You will be out the deductible initially, probably for a month or two. Not a big deal for you personally I'd hope.

In general accidents for which you are NOT at fault won't raise your insurance.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by cherijoh » Thu Jan 31, 2019 1:50 pm

MnD wrote:
Thu Jan 31, 2019 1:07 pm
dbr wrote:
Thu Jan 31, 2019 12:38 pm
As you can see evading insurance is a mistake. The lady is not crazy but most likely financially stressed. Probably anyone who wants to not report to insurance is just precisely the person who is never going to pay you either.

I don't know what the limits are, but you can also get into trouble with your own insurance company if you don't report an accident. If somehow someone turns up with personal injuries later on, the trouble could be big trouble.
In the original post his insurance Amica recommended he contract the other insurer directly since his deductible is $1500 hence they will not provide any funds up front for the repair and they will end up spending a great deal of time to "maybe" recover $500.

I will also bet dollars to donuts that the other driver will claim to be not at fault when her insurance company contacts her about this incident, which will open up a whole nother can of worms.

So I'd try the "pay up tomorrow last chance" approach. If not paid and so inclined on Monday, file directly with the other insurance company and file a report with the police. He may not get his $500 back, but he will create yet another life problem for the individual who was at fault and opted not to take responsibility for her actions. He has already filed a claim with his insuror Amica so should be covered in that regard.
Yeah, I think several posters missed that the other driver backed up and hit his car while he was stopped at a stoplight. OP didn't say he was rear-ended. What happens if she claims OP rear-ended her? That would be the far more common accident in this situation.

EDITED to ADD: How close did you stop behind her car? Could it have been a roll back?
Last edited by cherijoh on Thu Jan 31, 2019 1:53 pm, edited 1 time in total.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Sandtrap » Thu Jan 31, 2019 1:51 pm

One, some, or all, of the following may or may not apply:

1. Lady has no money
2. Lady does not intend to pay you, forever.
3. Lady hopes that dragging it on and "you" will give up and go away.
4. File a police report. This can sometimes be done belatedly. Hard copy print out all emails and texts from the lady. (make a file folder with everything including insurance and repair estimates, etc. Something that can be handed to a judge in small claims court).
5. Write a list, by date and time, incident report and conversation recap of all that had taken place on scene and up to present between you and all parties.
6. Contact the lady's insurance company. With name, what happened, etc. Be sure they are in contact with your insurance company.
7. The police report will include all data on the perp lady who damaged your car. Get a copy of the police report. Hard copy to your file. Scan and forward to your insurance company, etc, as needed.
8. Once you get the right wheels rolling, follow up and keep them rolling until you get your car repaired.
9. In the future, call the police, get a report with all the pertinent data, let the insurance companies handle it. Try not to get personally involved.
10. You do not need to be the "nice guy" (or the mean guy). Just get things done.

11. Don't contact the lady from this point on. If you need more info, get it from the police report or have legal counsel send a letter.
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MichCPA » Thu Jan 31, 2019 2:08 pm

Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Rupert » Thu Jan 31, 2019 2:12 pm

MichCPA wrote:
Thu Jan 31, 2019 2:08 pm
Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.
Lawsuits are painful even when you win. Do you otherwise disagree with what I said?

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MichCPA » Thu Jan 31, 2019 2:31 pm

Rupert wrote:
Thu Jan 31, 2019 2:12 pm
MichCPA wrote:
Thu Jan 31, 2019 2:08 pm
Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.
Lawsuits are painful even when you win. Do you otherwise disagree with what I said?
I am not saying lawsuits are pleasant, but unless the plaintiff provides some pretty indisputable evidence, that case is not going to go very far. There is nothing you can do to prevent yourself from being sued, but there are documentation steps to aid in the quick and favorable resolution of a suit. You could probably recover your fees. Insurance also would limit any actual financial damage. The point was that documentation regardless of insurance mumbo-jumbo is critical. That text would give you a great chance of recovering any deductible.

I would, however, advise getting a police report whenever you can. Even if there isn't a human in the other car you want to document the damage in a way that reduces the chance of a he said-she said case going against you. It seemed as if there was an implication that an admission didn't have significant legal consequences. If I misunderstood, I apologize.

Rupert
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Rupert » Thu Jan 31, 2019 2:35 pm

MichCPA wrote:
Thu Jan 31, 2019 2:31 pm
Rupert wrote:
Thu Jan 31, 2019 2:12 pm
MichCPA wrote:
Thu Jan 31, 2019 2:08 pm
Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.
Lawsuits are painful even when you win. Do you otherwise disagree with what I said?
I am not saying lawsuits are pleasant, but unless the plaintiff provides some pretty indisputable evidence, that case is not going to go very far. There is nothing you can do to prevent yourself from being sued, but there are documentation steps to aid in the quick and favorable resolution of a suit. You could probably recover your fees. Insurance also would limit any actual financial damage. The point was that documentation regardless of insurance mumbo-jumbo is critical. That text would give you a great chance of recovering any deductible.

I would, however, advise getting a police report whenever you can. Even if there isn't a human in the other car you want to document the damage in a way that reduces the chance of a he said-she said case going against you. It seemed as if there was an implication that an admission didn't have significant legal consequences. If I misunderstood, I apologize.
Not if you didn't report the accident to your insurance company when it happened. Read your policy about reporting requirements.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by lstone19 » Thu Jan 31, 2019 3:07 pm

I am firmly in the camp of let your insurance company handle it. A few years back, my car was hit (and run) in a parking lot. Came back to it to find one corner badly banged up; no note, etc. Damage was well over my deductible so claimed through my insurance. Police were uninterested since it was on private (school) property. Car was repaired.

Two weeks later, I’m back at the same school and son of a gun, there’s a truck parked there of the correct color and it has paint marks on it matching my car. Took pictures. Couldn’t stick around but someone said they knew who owned it. Turned out to be a teenaged girl (student); hadn’t told parents or anything. Her father got involved; wanted to just pay me back my deductible. I told him I couldn’t do that as my insurance company had paid out and they were entitled to be reimbursed as well plus I did not want this on my record. The threat of reporting it to the police as a hit and run does wonders for opening lips.

In the end, they reported it and I in turn followed up with my insurance company who turned over to their subrogration group who did all the heavy lifting with her insurance company. A few weeks later, I had a check for the deductible.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Beehave » Thu Jan 31, 2019 3:40 pm

If that voicemail left by the other party includes any form of admission that she was at fault and owed you for damages I'd hold onto it carefully (along with any other proof of her being at fault). If this escalates, this person sounds like the kind whose story would change. I'm no psychologist (or attorney), but that business about blaming you for her daughter's being angry just makes it seem to me that truth and rationality are AWOL in her perspective of the situation and the beginning of her twisting things in her mind (and, eventually her version of the story) so that you are the guilty party and she the innocent victim.

Good luck. I hope you get compensated for the damages and that this goes away!

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by pdavi21 » Thu Jan 31, 2019 3:52 pm

I used insurance one time when my car was totalled at 100% other driver fault. My premiums rose due to the removal of a discount for no accidents for 5 years by about 200 per year for 5 years (legal minimum coverage).

The lesson I learned is to never notify your insurance unless the other driver files a claim against your insurance first.

As a courtesy, I will always give the other driver a chance to pay me out of pocket (immediately) if the damage is not severe enough to render the car undrivable without repairs.
"We spend a great deal of time studying history, which, let's face it, is mostly the history of stupidity." -Stephen Hawking

TN_Boy
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by TN_Boy » Thu Jan 31, 2019 7:53 pm

pdavi21 wrote:
Thu Jan 31, 2019 3:52 pm
I used insurance one time when my car was totalled at 100% other driver fault. My premiums rose due to the removal of a discount for no accidents for 5 years by about 200 per year for 5 years (legal minimum coverage).

The lesson I learned is to never notify your insurance unless the other driver files a claim against your insurance first.

As a courtesy, I will always give the other driver a chance to pay me out of pocket (immediately) if the damage is not severe enough to render the car undrivable without repairs.
What state was that in? Though we've had never a car totaled, we've had severe damage (pretty close to totaled) with other driver at fault, filed with our insurance (there were some ... potential issues with the other driver's insurance ... we wanted that not to be our problem) and our rates did not go up.

As I noted above, trying to be the "nice guy" can lead to issues.

nguy44
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by nguy44 » Thu Jan 31, 2019 8:37 pm

pdavi21 wrote:
Thu Jan 31, 2019 3:52 pm
I used insurance one time when my car was totalled at 100% other driver fault. My premiums rose due to the removal of a discount for no accidents for 5 years by about 200 per year for 5 years (legal minimum coverage).

The lesson I learned is to never notify your insurance unless the other driver files a claim against your insurance first.

As a courtesy, I will always give the other driver a chance to pay me out of pocket (immediately) if the damage is not severe enough to render the car undrivable without repairs.
Interesting. We had a different experience. My wife was rear-ended while waiting at a stop light. no visible damage to either car, the couple was very apologetic, but my wife took pictures just in case and when she got home contacted our insurance carrier. They said thanks for letting us know, we will contact you if anything comes of this. Amazingly with 2 days the couple filed a claim against our insurance company. Our insurance company let us know, said "thanks for the heads up and info, we'll take care of it". Never heard anything else but our rates did not change.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Finridge » Thu Jan 31, 2019 8:38 pm

bigguy8437 wrote:
Thu Jan 31, 2019 11:48 am
So about three weeks ago some lady backed into my car while i was at a stop light. the damages were relatively minor, quoted for 500 or so as my bumper popped out a little and there were some scratches. she asked me if i would go outside of insurance and i said i would, so i got a quote about a week after the accident. they quoted me for $400 and i sent the lady a picture of the quote. i gave her two weeks to give me the cash (deadline was last sunday). she has been making up excuses and wasnt able to give me the money - shes been saying her daughters since in the hospital, just travelled out of state, etc. she says she has the money but just isn't around to give it to me. i honestly dont think shes going to pay me at all.

today i finally had enough and went to my auto insurance company (amica) and filed a claim. i told them the whole story and at the end they said since my quote was for $500, its below my deductible of $1500 so they might not be able to do anything. the lady said someone is going to review my policy to make sure but they recommended to call the other persons insurance and file a claim with them.

my dad is saying the above is incorrect, and since i wasnt at fault, it doesnt matter what my deductible is, and i should call them back and explain that. is that correct? i also have a string of text messages from this lady admitting her fault and also pics of my car.

the lady angrily called me back today and was like leaving me a voice mail saying her daughter is sick and is mad i went through insurance. this is just taking up so much of my time and i just want my car to be fixed. this is why i decided to go thru insurance. what should i do? is my dad right about the deductible thing?

Lesson learned. And a relatively cheap lesson if it's only $500.

In any accident, immediately take pictures of the scene and the vehicles from different angles using your cell phone. If the other party is at fault, always get a police report and always get their insurance information.

Then if they don't pay you promptly, file a claim with their insurance, not your own insurance.

You can also file a small claims suit against her.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by RickBoglehead » Thu Jan 31, 2019 8:49 pm

:oops:
Avid user of forums on variety of interests-financial, home brewing, F-150, PHEV, home repair, etc. Enjoy learning & passing on knowledge. It's PRINCIPAL, not PRINCIPLE. I ADVISE you to seek ADVICE.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by darkhorse » Thu Jan 31, 2019 9:37 pm

Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
+1000

MichCPA
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MichCPA » Mon Feb 04, 2019 8:29 am

Rupert wrote:
Thu Jan 31, 2019 2:35 pm
MichCPA wrote:
Thu Jan 31, 2019 2:31 pm
Rupert wrote:
Thu Jan 31, 2019 2:12 pm
MichCPA wrote:
Thu Jan 31, 2019 2:08 pm
Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.
If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.
Lawsuits are painful even when you win. Do you otherwise disagree with what I said?
I am not saying lawsuits are pleasant, but unless the plaintiff provides some pretty indisputable evidence, that case is not going to go very far. There is nothing you can do to prevent yourself from being sued, but there are documentation steps to aid in the quick and favorable resolution of a suit. You could probably recover your fees. Insurance also would limit any actual financial damage. The point was that documentation regardless of insurance mumbo-jumbo is critical. That text would give you a great chance of recovering any deductible.

I would, however, advise getting a police report whenever you can. Even if there isn't a human in the other car you want to document the damage in a way that reduces the chance of a he said-she said case going against you. It seemed as if there was an implication that an admission didn't have significant legal consequences. If I misunderstood, I apologize.
Not if you didn't report the accident to your insurance company when it happened. Read your policy about reporting requirements.
I said directly in the post that you should report to police. Not sure how this work in your state, but the ins companies get copies of those reports.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by BogleMelon » Mon Feb 04, 2019 8:45 am

This won't be a direct answer to your question, but for what it is worth here is my experience.
I was involved in 2 accidents in the past, both were not my fault. The first one was similar than yours. Someone hit my mirror with his shopping cart in a parking lot, left a note he would pay and left his phone number. Then was giving an excuse after another. I went with the insurance company. My deductible though was low ($250) (pre bogleheads days), so I paid the deductible, insurance covered the rest, then went after him, collected my deductible and their pay (Once insurance was involved, magically he paid quickly, and all his excuses gone away!!). I didn't get an increase in the premium.
Couple of months ago, the second accident, went through insurance, insurance then pursued the other guy on fault, got me my deductible and took their money from his company, renewal is within weeks, and premium is the same. I wasn't able to get diminished value claim approved though, because I was on my own with his company, and it seems people and companies fear the insurance corporations but not persons.

So yes, going through insurance is the right thing. I don't know what would be the case if my deductible was higher than the repairs, but I guess the subrogation department in my insurance company are required to act on my behalf and try to get my deductible.
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Nowizard » Mon Feb 04, 2019 8:59 am

Send her a letter saying you are sorry for her financial issues but want payment. Arrange a series of payments with the first due now. If she does not agree, she probably will always have reasons not to pay and will feel her "problems" entitle her to abdicate her responsibilities.

Tim

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by deltaneutral83 » Mon Feb 04, 2019 9:15 am

You always file a police report. Always. OP has spent well in excess of $500 of his time to get this straightened out. Always get a police report. I'd have gotten a quote and given her 48 hours to pay and explained that I assume she wants to go through insurance if the cash isn't in my hand.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MotoTrojan » Mon Feb 04, 2019 9:26 am

Nowizard wrote:
Mon Feb 04, 2019 8:59 am
Send her a letter saying you are sorry for her financial issues but want payment. Arrange a series of payments with the first due now. If she does not agree, she probably will always have reasons not to pay and will feel her "problems" entitle her to abdicate her responsibilities.

Tim
A payment plan would not be in my vocabulary based on the OPs situation.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Rupert » Mon Feb 04, 2019 10:38 am

MichCPA wrote:
Mon Feb 04, 2019 8:29 am
Rupert wrote:
Thu Jan 31, 2019 2:35 pm
MichCPA wrote:
Thu Jan 31, 2019 2:31 pm
Rupert wrote:
Thu Jan 31, 2019 2:12 pm
MichCPA wrote:
Thu Jan 31, 2019 2:08 pm


If you have a text that can be verified from the other person admitting fault, you may get sued but the chances of losing a suit are pretty minimal. You can always be sued and it may be cheaper to settle, but absent something exculpatory a written admission carries a great deal of weight.
Lawsuits are painful even when you win. Do you otherwise disagree with what I said?
I am not saying lawsuits are pleasant, but unless the plaintiff provides some pretty indisputable evidence, that case is not going to go very far. There is nothing you can do to prevent yourself from being sued, but there are documentation steps to aid in the quick and favorable resolution of a suit. You could probably recover your fees. Insurance also would limit any actual financial damage. The point was that documentation regardless of insurance mumbo-jumbo is critical. That text would give you a great chance of recovering any deductible.

I would, however, advise getting a police report whenever you can. Even if there isn't a human in the other car you want to document the damage in a way that reduces the chance of a he said-she said case going against you. It seemed as if there was an implication that an admission didn't have significant legal consequences. If I misunderstood, I apologize.
Not if you didn't report the accident to your insurance company when it happened. Read your policy about reporting requirements.
I said directly in the post that you should report to police. Not sure how this work in your state, but the ins companies get copies of those reports.
Serious question -- In what state do you live where insurance companies automatically get copies of all police reports? When I've been in accidents in the past, my insurance company has always required that I procure a copy of the police report for them. Are you perhaps referring to the DMV reporting that some states require? I do think insurance companies get copies of those reports. But I can't imagine how they would automatically get copies of police reports. Most jurisdictions charge a fee for copies of police reports. In any event, in my state (in most states that have the DMV reporting requirement, I think), there's a minimum damage threshold before those reports are required and filed. $500 would not trigger the reporting requirement here.

In any event, I don't think the insurance company's automatic receipt of a DMV report would satisfy the requirement in most auto policies that "the insured" report accidents to the insurance company within a specified time. Failing to tell them in the manner specified by the policy gives them a way to wiggle out of paying for the accident in the future. Again, it's important to read your policy and see what your insurance company requires.

NewOldGuy
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by NewOldGuy » Mon Feb 04, 2019 1:01 pm

I would have contacted her insurance, if you had the info, and not mine.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by SrGrumpy » Mon Feb 04, 2019 1:19 pm

Sandtrap wrote:
Thu Jan 31, 2019 1:51 pm
One, some, or all, of the following may or may not apply:

1. Lady has no money
1½. Lady probably has no daughter, sick or otherwise.

I've been taken for a ride by these post-collision sob stories. I never got any money out of them.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by jlawrence01 » Mon Feb 04, 2019 1:35 pm

Rupert wrote:
Thu Jan 31, 2019 12:03 pm
Never handle an accident involving vehicles with humans inside them outside of insurance. Those humans could always come back later (before the statute of limitations runs out, which can be years in the future) and blame you for medical injury that occurred during the accident. They will do this regardless of how many times (in texts or otherwise) they have admitted fault for the accident.

Many years ago, I was rear-ended by an inattentive driver. After a lot of back and forth, he noted that he had insurance with State Farm and the claim was settled for $400. I notified my insurance company, Met Life, for informational purposes.

It was over, I thought.

18 months later, I get a call from State Farm asking me why we filed a personal injury claim. I told the adjuster that no one in MY car filed another claim as we were not hurt. The other driver's ex-girlfriend filed a huge claim for personal injury ... on an accident where he hit me at about 5 mph.

You never know how these things will turn out.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Ben Mathew » Mon Feb 04, 2019 1:37 pm

bigguy8437 wrote:
Thu Jan 31, 2019 11:48 am
today i finally had enough and went to my auto insurance company (amica) and filed a claim. i told them the whole story and at the end they said since my quote was for $500, its below my deductible of $1500 so they might not be able to do anything. the lady said someone is going to review my policy to make sure but they recommended to call the other persons insurance and file a claim with them.

my dad is saying the above is incorrect, and since i wasnt at fault, it doesnt matter what my deductible is, and i should call them back and explain that. is that correct?
Your dad is correct. If it's the other driver's fault, and she has insurance, her insurance pays you 100%. Your deductible on your insurance does not apply.

MichCPA
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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by MichCPA » Tue Feb 05, 2019 12:05 pm

Rupert wrote:
Mon Feb 04, 2019 10:38 am
MichCPA wrote:
Mon Feb 04, 2019 8:29 am
Rupert wrote:
Thu Jan 31, 2019 2:35 pm
MichCPA wrote:
Thu Jan 31, 2019 2:31 pm
Rupert wrote:
Thu Jan 31, 2019 2:12 pm


Lawsuits are painful even when you win. Do you otherwise disagree with what I said?
I am not saying lawsuits are pleasant, but unless the plaintiff provides some pretty indisputable evidence, that case is not going to go very far. There is nothing you can do to prevent yourself from being sued, but there are documentation steps to aid in the quick and favorable resolution of a suit. You could probably recover your fees. Insurance also would limit any actual financial damage. The point was that documentation regardless of insurance mumbo-jumbo is critical. That text would give you a great chance of recovering any deductible.

I would, however, advise getting a police report whenever you can. Even if there isn't a human in the other car you want to document the damage in a way that reduces the chance of a he said-she said case going against you. It seemed as if there was an implication that an admission didn't have significant legal consequences. If I misunderstood, I apologize.
Not if you didn't report the accident to your insurance company when it happened. Read your policy about reporting requirements.
I said directly in the post that you should report to police. Not sure how this work in your state, but the ins companies get copies of those reports.
Serious question -- In what state do you live where insurance companies automatically get copies of all police reports? When I've been in accidents in the past, my insurance company has always required that I procure a copy of the police report for them. Are you perhaps referring to the DMV reporting that some states require? I do think insurance companies get copies of those reports. But I can't imagine how they would automatically get copies of police reports. Most jurisdictions charge a fee for copies of police reports. In any event, in my state (in most states that have the DMV reporting requirement, I think), there's a minimum damage threshold before those reports are required and filed. $500 would not trigger the reporting requirement here.

In any event, I don't think the insurance company's automatic receipt of a DMV report would satisfy the requirement in most auto policies that "the insured" report accidents to the insurance company within a specified time. Failing to tell them in the manner specified by the policy gives them a way to wiggle out of paying for the accident in the future. Again, it's important to read your policy and see what your insurance company requires.
I live in Michigan. The only time I was in an accident the officer took insurance information as part of his processing. The insurance company got a copy of the police report. I am not sure if this is due to the fact that it is just given to them or if they pulled it via FOIA, but I didn't have to send the report to the insurance co. They could have just pulled the report when I provided a damage estimate, which was within about 5 days, but I didn't have a phone conversation or provide written detail (other than the damage estimate) to the insurance company. We do have a $1,000 damage threshold, but there is nothing to prevent getting a report if the damage is lower than the statutory mandatory reporting amount. If anything, documentation of the fact that there were no apparent injuries would be helpful.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by Jags4186 » Tue Feb 05, 2019 12:32 pm

It’s almost never in your advantage to be “nice” or go around insurance. People who are freaked out by the worry of an increasing insurance premium are also usually shocked to discover the cost of body work.

Someone hit my parked car. Didn’t want to go through insurance. Since it was a “friend of a friend” I said I’d go get a quote. When the quote came back at over $3000 all of a sudden I was trying to take advantage, rip the guy off, supposed to go to 3 or 4 places to get quotes. I called insurance and from then on have decided that anytime there is an accident to just call
The police and file through insurance.

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Re: Crazy lady backs into my car...dont think she will pay me out of pocket

Post by caffeperfavore » Tue Feb 05, 2019 12:34 pm

As a veteran of several fender benders/accidents (in 2, others ran into me, in 1 I was at fault), I've always gotten a police report if there was any damage. Even small things can add up to surprisingly large sums.

In every case, the insurance company (have used both GEICO and Amica) took care of everything. For my at fault accident I was sued for a very large and frightening sum. Aside from providing a statement for their records, I never had to do a thing. My premium didn't even go up, although the person that sued me was completely nuts so that probably helped.

If you have a reputable insurance company, then they should handle it. Talking directly to the other person after the accident is frowned upon, I believe, for legal reasons. Perhaps a lawyer can chime in or correct me here.

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