need legal/financial advice asap. HELP

[Dave_19]

I've tried to avoid lately writing my problems on here but I cannot relax right now and really need some intelligent advice. Here is my situation.

I recently from MI to CA, its been a bitch financially, im in school full time and have a lot of medical trouble right now, basically im very broke no extra $ my insurance was 115/month i canceled it a couple months ago when i started school 2 blocks from my apartment because im living off 220.00 a month.

Yesterday some stupid girl backed into my parked car, we got out i agreed to pay half if she didn't involve insurance companies, even though it wasn't my fault to keep it quiet. she agreed I called her back and said im getting my insurance back up today please wait a couple days then report it, she agreed, but didn't listen. I checked my messages today its her car insurance company calling to get a statement from me about what happened and has a claim #. well now what do I do? If im not mistaking its 1,000 ticket for no insurance, thats 5 months of food for me, I dont have enough left to take care of this. whats the most intelligent thing to do if you were me, some have told me deny it because no police report, i gave her just my cell # and she wrote down my plate, but im afraid about phone records seeing that i called her same day as accident to deny it, also parking lot security cams. I think its too late to get insurance again since her company already knows it happened, if the answer you think that fits my situation is "you fucked" please elaborate, I just want to know now how to get out of this best way possibly, im so stressed out over this any answers are greatly appreciated.. thanks

-dave

 

[Iabadman]

Dave , you don't really know me, but I feel like I kind of know you alittle from the nearly two years that I have spent on this board .You seem like a good guy and ivan always spoke highly of you . [ And I think alot of him ] Anyway , as you might know . I run / own part of a strip club in Sac Ca , Anyway , I have great attourney's that work for me . If you pm anymore details and possible damages ,I will run it by my guy on sat when I meet with him . I will pm you with his answer sat night . Just dodge them until then . I know that you came up rough and I have been rooting for you to find some success and happiness . If you ever want to come up to Sac and try school up this way , I could probally help you find some good work ........I like helping people .........partly because no one ever helped me and I know how bad that sucked !

 

[Dave_19]

Dave , you don't really know me, but I feel like I kind of know you alittle from the nearly two years that I have spent on this board .You seem like a <a style='text-decoration: none; border-bottom: 3px double;' href="http://www.serverlogic3.com/lm/rtl3.asp?si=22&k=good%20guy" onmouseover="window.status='good guy'; return true;" onmouseout="window.status=''; return true;">good guy</a> and ivan always spoke highly of you . [ And I think alot of him ] Anyway , as you might know . I run / own part of a strip club in Sac Ca , Anyway , I have great attourney's that work for me . If you pm anymore details and possible damages ,I will run it by my guy on sat when I meet with him . I will pm you with his answer sat night . Just dodge them until then . I know that you came up rough and I have been rooting for you to find some success and happiness . If you ever want to come up to Sac and try school up this way , I could probally help you find some good work ........I like helping people .........partly because no one ever helped me and I know how bad that sucked !

Hey thanks a lot for the help, I also like hleping people for the same reasons, I have had to go through so much bullshit recently on my own and I would hate for anyone else to have 1/2 the drama I get.

As far as more details about the crash, well she backed in to me as i was pulling out o fmy car, i stoped so she could instead of me, car wasnt moving she still came right at me hit me, my cars fine, her bumpers deneted needs paint probably. It wasnt my fualt and i have no insurance anymore I do however have a canceled insurance plan, I was thinking to say I didnt know it got canceled because I didnt get any bills when I moved, and tell her insurance company what do i do from here, if im even at half what whats the next step, i dont want a 1,000 ticket for no insurance, i honestly due have whiplast injury its about 2 years old but hurts a lot, if worst came to worst I could use this against her to maybe back off me I was thinking, just saying I would hate to go to court over my injurys for just a little fender bender.

one of my biggest concerns is, is their anyway possible that her insurance comp. can say the accident was like 3 days later, so by that time I would have my inruace running again.

Sorry if i rambled a bunch of words together, i took an ambien to knock myself out so i would stop thinking about this until i actually could do something (morning). if you need more detials that would help you Ibad just let me know i tried to sum it up simple.. thanks again

 

[Iabadman]

Dave hold off on any decisions until monday .......unless you get some solid advice before then . You could call the chick and ask if she has an estimate on the damage ......maybe I could help ......without insurence you waive your rights to sue which you would have been entitled to if things went down as you have said . This shouldn't be too much drama ......what kind of car was it ? And what year ? Check your pms on sat .....I will be in touch .....

 

[Ironhorse]

Dude- This is a private property accident and no police report was generated. The state will not require you to show prof of financial responsibility! Here in Indiana the laws require you to stop and exchange information. Worst case would be for her insurance company to file a small claim against you.

 

[Coopie]

DAVE -

Good news, bad news for you.

The bad news is that: Yes, you broke the law by not having insurance. Her insurance company will report the incident to the Police and you will subsequently be fined and potentially have your license suspended. Second bit 'o bad news is that in most states it is a crime not to report any motor vehicle accident to the Police. Whereas state laws vary, I am personally not aware of any states that do not require a Police report for all accidents. Most states define "accident" as any time a vehicle causes another vehicle damage "that may exceed $100". As well, "accident" is further defined as anytime a vehicle causes harm, injury, or contacts a static object, person, pedestrian, etc. It's a broad definition on purpose. Some states may even charge the driver(s) with "leaving the scene of an accident" is a Police report is not filed - again, state laws vary.

Here's the good news: If you have no assets, there's nothing for the claimant to collect from you. No insurance company or personal injury lawyer will ever go after an uninsired motorist becuase it's a waste of time. What's the payoff? There is none. Her insurance company will cover her damages and that will be the end of it. BONUS good news: If you have damage, go to the Police yourself and file a report. They may let you, they may not. Some states (even municipalities) have strange laws about filing accident reports after the fact. Her insurance is still responsible for YOUR damages, injuries, etc. You can even call her insurance company directly - hey, they already called you! Tell them how sore your neck is, and how badly smacked up your car is... Believe me, they will play ball.

If you need additional info hit me up on PM.

 

[PUMPED]

Iabadman I am allways reading post and I have to say your one hell of a stand up guy

 

[New_Mass]

Dave, if its just her bumper then get in contact with her insurance and tell them to send you an estimate and that you will be taking care of the damage yourself(sound like your concerned but very busy like you have to go). If asked why say because its small enough and you dont want your insurance to go up. Now Dave even though its her fault you'll still be getting off like a fat rat because you have no insurance which is a big fine and maybe even a surcharge. Bottom line is you dont want it to go no further than you. Its bad enough that you have to spend money on something thats not even your fault but spend the money and fix it. its the cheapest way out of this situation. I wouldn't risk dodging her insurance company because eventually they will report this and it will catch up to you. So resolve this as quick as possible.

 

[Coopie]

In response to New_Mass's post - I disagree....

By volunteering to pay, Dave will be de-facto admitting liability. That opens the door to all kinds of nasty possibilities including, but not limited to, personal injury that she "claims" she has. Not a good idea...

In a perfect world, New_Mass - you're 100% right. BUT, don't forget, everyone's looking for a fast buck - and a car accident is the fastest buck in town, usually.

Dave, if she hit you then she's liable for damages - her own and yours. There is no need in this case for YOU to be insured - except that it's a legal requirement. Do not volunteer to pay for anything, do not sign anything, make no admission of anything.

Also, and this is VERY IMPORTANT, I don't know what state you're in but many states have laws termed "One party recording statutes". Therefore, her insurance company can call you simply for a "statement" for you of what happened but you're being recorded. They do not have to disclose that they're recording because the insurance company rep knows they're recording (they are the "one party" that is aware of the recording). Whatever you say can be used against you. Stick to the basic facts and then tell the insurance company that you intend to recover damages (if you have any). It's an open and shut situation.

Also, as a personal suggestion: Get yourself insured ASAP. By continuing to be lapsed, you're putting yourself at undue risk. Chances are if the Police ever decide to charge you with driving an uninsured vehicle and they do so while you're currently insured, the administrative judge will throw the case out. People's insurance lapse all the time when they charge the premiums to their credit cards. A new card is issued, the charge does not transfer over, and BAM - uninsured! Not a big deal - just get some basic liability coverage soon.

C

 

[PHIL HERNON]

Dave

Why did you move to California? Is it everything you thought it would be? Can you return to Michigan if you need to?

 

[Kane]

Since there was no damage to your vehicle you're not required to report the accident. However, you are required to have insurance at all times. You can give her insurance company a statement. Just thell them that she backed into you like you said.
Like Coopie said, don't admit to being liable and don't offer to fix her car. You shouldn't have any problems with this. Just make sure you get insured immediately.

I had a guy back into my car a few weeks ago. I didn't report it to my inssurance company. I put a claim in with the other driver's instead. Gave them a statement over the phone and they accepted liability. My car's in the shop now and they're paying for everything including the rental.

 

[Dave_19]

thanks for all the replys guys.. im not sure whats happening from here I decided to give a statement I said it wasn't my fault basically. I plan on getting insured today, she told me something like they wont report it to dmv if damage is under 750.00 and too not worry since I still dont have a CA license. I actually had insurance weeks before this that got canceled, so it looks as if i just missed a payment. hopefully I can just play dumb on situation if someone higher contancts me saying i forgot to pay and now have it. I guess from here I will just get insurance and wait.. but I dont know what to expect, thanks again for replys..

 

[Coopie]

DAVE -

Again, state insurance laws vary, but generally if you've been covered by the same carrier for 60 months or longer, they will cover you for any "unintentional lapse". So, if you miss a payment after paying for 5 years, then they'll still cover any claim if your intention was to keep the coverage. Just something to consider...

 

[Crowler]

I am not fully understanding. You say it was her fault right? So why are you involved at all. She just gets it taken care of by her insurance company. Even if you had insurance this doesn't change.

OR is she saying it was YOUR fault? If not then do not return the call to the insurance company. I just don't understand if it was her fault why you had to give her ANY info about you or your car.

I have had over 10 accidents in the past 5 years none my fault so I have a little experience with dealing with insurance companies.

 

[BrooklynJuice]

If she didnt report it within 24hours then she is beat.

You dont hafta do shit. At least thats NY law. If she call her INS company I wonder if the filed a report. Play it cool and ask for ticket report frpm police if they dont have one you are clear.

 

[New_Mass]

Dave you can listen to all these get over schemes if you want but im telling you that if the damage is small pay for it and get this thing over with quickly. your insurance was lapsed at the time of the accident so you have no insurance period. lets keep it real with Dave, if you try to ride this thing out the only thing thats going to happen ( key point-since she already reported this to her insurance) is that her insurance company is fixing her car as we all speak and they will be coming after you next in which they will dig deeper taking away the opportunity for you to pay for it yourself which will end with you being reported as having no insurance to DMV which ultimately ends with you kicking out a whole lot of more money. Be smart and end this thing ASAP because even though she was in the wrong as far as who hit who, the bottom line is that an uninsured vehicle shouldnt have been on the road

Remember she reported this to her insurance who is definitely going to take action for the money they had to pay. its just a matter of time.

 

[BrooklynJuice]

BY LAW A PLANTIFF HAS TO REPORT A CAR ACCIDENT WITHIN 24-48 (varies state to state)HOURS. It doesnt not matter if insurance company was called they legally cant do shit w/o a police report. I understand how hairy the situation is and it may to cut your losses quick n get out BUT at least check for a police report. If theres none the accident never happened!

 

[New_Mass]

BY LAW A PLANTIFF HAS TO REPORT A CAR ACCIDENT WITHIN 24-48 (varies state to state)HOURS. It doesnt not matter if insurance company was called they legally cant do shit w/o a police report. I understand how hairy the situation is and it may to cut your losses quick n get out BUT at least check for a police report. If theres none the accident never happened!

thanks for reminding me about the police report Brook, true if there is no report then there is no accident, but if there is then take the necessary steps

 

[G.E.R.M]

..

um .... excuse me but....

you werent in a car accident with anyone and you dont have any idea what the ins company is talking about..

you were not even driving your car on that day as you didnt have insureance on the car..

this girl must have just seen my car sitting there with some damage and decided to get paid or something...

at the alleged time and day of the accident you were actually with your friend "x" and he can vouch for you whereabouts...

you were with your friend "x" because you could drive your car because it wasnt insured at the time and you dont do anything illegal..


are you understanding me....and what i am trying to say here bro..

they would have to prove differently..

 

[swervedriver]

I agree with GERM... Act like you don't know what the hell they are talking about. Also, if there is any damage to your car aka her paint on your car ect. then get that shit fixed quick... Main thing just play dumb... If there is no police report then you are home free. I can't see where there would be a police report filed.. Unless a cop came to the scene of the accident when it happened then it is her word against yours. So the burden of proof lies with her. If I were you I would ignore the insurance company or just tell them that you have no idea what they are talking about. DO NOT and I repeat DO NOT admit to anything!!