I hit a car and we are going to make a deal for repairs..advice needed (insurance, vehicle)

[FelixTheCat]

I took my old car out of storage from another state after selling my other car. I had gotten it smogged, but hadn't gotten it registered and insured yet.

I hit another old car that is worth $900-1300 according to kelly blue book. The body damage estimate is $4,000. Maybe it can be fixed for a fraction of that with paintless dent repair and maybe not. Obvioulsy this will come out of pocket for me. In cases where the repairs cost a few times more than the car, what is normally done? The guy is being pleasant about the whole thing and we said we would work something out. What seems reasonable?

[burgler09]

woah woah woah! if insurance has not been contacted then that his his fault. either way, you arent required to pay anything more than what his insurance should pay. dont put your name on paper, contact your insurance agent.

it sounds like he's being reasonable because he's pushing you around.

[Omaha Rocks]

Unless there are extenuating circumstances, insurance companies will not pay for repairs that exceed the value of the car.

On the other hand, if you hit somebody with a vehicle that was neither registered nor insured, you're screwed. You're vulnerable to just about anything.

[Houston3]

I don't think you owe more than the car is worth....

[CMichele]

Originally Posted by burgler09

woah woah woah! if insurance has not been contacted then that his his fault. either way, you arent required to pay anything more than what his insurance should pay. dont put your name on paper, contact your insurance agent.

it sounds like he's being reasonable because he's pushing you around.

What?

OP hits another car without having registration and insurance. I'd like to think that OP came clean about this and that is why the guy didn't call the cops. OP could be in much more trouble than this. In some states 2 offenses in one incident is grounds for arrest. Lets not even talk about the ticket for no registration and insurance. And he'd STILL be on the hook for this guy's car. I wouldn't go getting flippant about not calling the cops or insurance.

OP, have you thought about finding a comparable car and just paying for it for this guy?

[FelixTheCat]

Originally Posted by Houston3

I don't think you owe more than the car is worth....

yes, i figured that. it's going to be a matter of inconvience. if i give him $1300 for the full value of the car, then do I get to keep his car, because I basically paid for the whole car? It would take time for him to buy a different car and he would have to pay taxes and registration again.

[burgler09]

oops, i read bad, I thought the other guy was uninsured. i take back what i said, you are kind of on this guy's nuts here, and he is doing you a favor, but I wouldn't pay more than what the car is worth.

[FelixTheCat]

Originally Posted by CMichele

What?

OP hits another car without registration and insurance. I'd like to think that OP came clean about this and that is why the guy didn't call the cops. OP could be in much more trouble than this. In some states 2 offenses in one incident is grounds for arrest. Lets not even talk about the ticket for no registration and insurance. And he'd STILL be on the hook for this guy's car. I wouldn't go getting flippant about not calling the cops.

OP, have you thought about finding a comparable car and just paying for it for this guy?

I looked for a 1996 celica, but it's old to the point that there aren't many out there in my area.

I have been toying with the idea off selling my car after it is registered also, not that that makes much difference.

Yeah, I said right away, that I just started driving that car again and was in the process of smogging (done) and then registering it. I should have done it already. I went out of town again, had it parked in airport parking and have been sick since getting back. The only lucky part is that it is a very low cost car. It could have been worth 20k.

[NJGOAT]

You're pretty much screwed with little recourse. In this case insurance would total out the car and pay its replacement value. No way would they pay $4k to fix a car worth $1k. So, you really should only pay what the car is worth.

HOWEVER...

You are in a heap load more trouble since the car you were driving isn't registered and insured. Even though it's after the fact the other guy could still call his insurance and file a claim. You are in a tough bind. My guess is the guy knows he has you over a barrell and wants your $4k and will either keep driving the busted car or buy a replacement and pocket your cash. Even after you pay him, he could still file a claim if he wanted to and you have no proof or recourse of your own.

I really don't know what to advise you here. The best scenario would be to pay him a fair price for his car and he walks away happy and you skirted a major problem. Worst case you don't pay him, or you do and he still files a claim and you are in a heap load more trouble with costs most likely well over $4k.

My advice would be to consult an attorney and get his take on it. See what the penalties would be for coming clean and go from there.

PS If you had an auto insurance policy in effect, but didn't have this car listed, you may still be covered in some cases. Again, the attorney is the best option and go from there.

[Omaha Rocks]

Originally Posted by FelixTheCat

yes, i figured that. it's going to be a matter of inconvience. if i give him $1300 for the full value of the car, then do I get to keep his car, because I basically paid for the whole car? It would take time for him to buy a different car and he would have to pay taxes and registration again.

You don't have a legal basis for doing that.

Seriously, if this guy is nice about the whole thing, and is willing to let you pay $1300 for his car and walk away, you better take the deal!

Again, getting into an accident with an unregistered & uninsured vehicle has you in a HORRIBLE position. All the guy has to do is call the cops, and you're in a world of hurt.


Good luck!