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i know. i'm not that worried about getting in trouble with the law. i was just going to agree to do whatever is normally done to fix it. i may go without a car as i usually dont drive much and look into moving where most people use the subway
IMO:
Just because the other driver still can potentially mess you over by reporting this to his insurance and even police after you fork $$$ I would forget about paying him and take your medicine with the law. He has you in every way, don't make him take $$$ advantage of you as the $$$ is his insurance company's job.
Good Luck.
When I hear of stories like this and others it makes me sought of glad I'm walking and using public transportation these days - hope this lasts as I don't miss the expenses of having a car.
That's what the guy who owns it said. He said he entered his vin. It must have been in an accident before, because the airbag is missing, before this accident. Maybe it is already a salvage car. At least $2000, doesn't take in to account certain condtions like salvage or no airbag, so it could be less than that.
Okay... There's more going on here than meets the eye.
His car has been in a previous accident, and almost certainly has a salvage title. Check. The other driver "just happens" to not have his wallet with him - which probably means that his car is also uninsured, or that there's something else fishy, for which he does not want to involve the police.
2. I'm seeing a lot of comments about how badly you'd be raped if this goes to law enforcement on the insurance/registration issues. We don't really know that, and I think it's worth talking to a lawyer who knows about this stuff before making any decisions.
I know that for a f'n fact. I have been to small claims court and traffic court for exactly this situation via work. You seriously think judges look kindly on a driver w/o insurance driving a car w/o registration? A judge could auction off the car with zero problem.
Why are you insisting this guy talk to a lawyer? Accident lawyers do not care about property damage. They will not represent someone just for property damage.
You know what, go ahead and speak with 10 lawyers. I bet you will hear at least 6 different things.
Like others have said, the other party has his own issues. You luckily got into an accident with someone as irresponsible as you. Having a salvage title on a vehicle doesn't make it non-repairable in 100% of accidents however it does make it a major difference. Salvage titles devalue the vehicle greatly and they usually have bad repairs...bunch of bondo.
If I were you, pay the 1300 for the value you came up with then add 700. When handling out of pocket, people LOVE nice round numbers.
Heres what this guy can sue you for if he goes to court;
Estimate or vehicle value which will be alot more than what you came up with.
Loss of use while its in the shop or a few weeks if its a total.
Wasting his time getting estimates and coming to court.
Judges first question; why didn't the defendants insurance company handle this for you?
Just pay the guy a fair price for his car.That means enough for him to buy another one like it , If the guy would have been "injured" with just a little pulled muscle the hospital would run up a bill in the thousands in just one hour of being checked and xrayed and legally you would have to pay every cent of it......If you dont give the guy what he thinks his car is worth he could turn it into HIS insurance and they would take over under his uninsured motorist protection but then his insurance company would sue you and then the bill would really jump up. Maybe you need to ride the bus until you figure out how all of this stuff works,,,lol
There is much more to this guy's story than meets the eye. I'm willing to bet that he probably didn't have insurance either, hence the 'not having his driver's license on him' story. Plus, if this car was in a previous accident and repaired at any auto repair shop (and not some friend's garage), there is no way on Earth the repair facility would let the car be released to the owner without replacing the airbags. It's against the law in most, if not all states I believe. Also, insurance companies will not repair a vehicle if the damages equal or exceed 75-80% of the value of the car. Seeing as how the car didn't even have a functional airbag installed, it's probably not worth much at all. And, some insurance companies will assign fault to both driver's in differing %'s, even if the error was made by one just one person. So say the vehicle is worth $1000, and you are 80% to blame, you'd be liable for $800. Also, once an insurance company totals out the car, they claim rights to it. So if you pay the guy off, the car should theoretically be yours to part out or junk or whatever.
To be honest, there is likely a reason this guy is being so agreeable. Chances are, he didn't have insurance or maybe not even a driver's license either. I'd pay him 80-100% of what you think the vehicle to be valued at, keep the car if you really want it, and call it a day. If he doesn't have insurance, he has no real recourse unless he wants to take his chances in small claims court, which I doubt. There is no police report so it's his word against yours, in which case you might both be found to be at fault.
Driving without insurance in my home state is $1000 and a year of suspended license. In my current state it's $500-$1000.
Quote:
Originally Posted by CMichele
I guess OP is dying to have to produce an SR-22. I'd love to see where OP lives, too.
He will darn near pay for the car in one fine plus lose his license. This is unbelievable, lol.
SR-22 is a really good point I didn't think of. That will linger on your driving record for at least 3 years. Enjoy paying possibly double for insurance.
Quote:
Originally Posted by whatyousay
There is much more to this guy's story than meets the eye. I'm willing to bet that he probably didn't have insurance either, hence the 'not having his driver's license on him' story. Plus, if this car was in a previous accident and repaired at any auto repair shop (and not some friend's garage), there is no way on Earth the repair facility would let the car be released to the owner without replacing the airbags. It's against the law in most, if not all states I believe. Also, insurance companies will not repair a vehicle if the damages equal or exceed 75-80% of the value of the car. Seeing as how the car didn't even have a functional airbag installed, it's probably not worth much at all. And, some insurance companies will assign fault to both driver's in differing %'s, even if the error was made by one just one person. So say the vehicle is worth $1000, and you are 80% to blame, you'd be liable for $800. Also, once an insurance company totals out the car, they claim rights to it. So if you pay the guy off, the car should theoretically be yours to part out or junk or whatever.
Quote:
Originally Posted by whatyousay
To be honest, there is likely a reason this guy is being so agreeable. Chances are, he didn't have insurance or maybe not even a driver's license either. I'd pay him 80-100% of what you think the vehicle to be valued at, keep the car if you really want it, and call it a day. If he doesn't have insurance, he has no real recourse unless he wants to take his chances in small claims court, which I doubt. There is no police report so it's his word against yours, in which case you might both be found to be at fault.
Everything said is true. However, I don't see this being a comparative accident. From what it sounds like, OP probably tried to enter the roadway from private property which is an obvious 100% fault loss.
I would love if they went to court. I would love actually being able to witness the judge ream both of them a new a-hole.
Planitff:
So you file Small Claims even though you didn't have proper insurance and/or a drivers license at the time of the loss?
Defendant:
You cause an accident while driving a vehicle that shouldn't be on the road then you can't even produce insurance for the vehicle.
I can easily see the judge give NOTHING to either party and just start citing both of you for not realizing "driving is a privilege not a right".
And I'd probably get kicked out of the room since I'd be laughing my ass off too loudly.
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