Caused an Accident, No Police Report - Should I Pay the Damages

[BMB]

Hello.

I got into a traffic accident which I believe I was at fault. We both decided to exchange information and not get the police / insurance companies involved. We both had insurance. We contacted each other later and she is claiming that the damage to her car is $500.00 which I'm not sure if I believe. The damage to my car was less than $100.00. I am wondering if I have to pay this, or if she can come after me legally. I'm worried because I have a warrant of arrest because of an unpaid ticket. There was no police report filed. She has my Google Voice number and real name. What would she have to do?

Thank you very much.

-BMB

[flyingron]

What state is this.
Of course she can sue you for the damages or report it to her insurer who will come after you.
Your unpaid ticket shouldn't have any bearing on any of this even if she does sue you.

[BMB]

State of TX. What do you guys think will most likely happen if she does choose to pursue me?

[flyingron]

If she pursues it herself, she'll present her explanation of what happened along with any witnesses and evidence and you can do the same. The judge will determine fault and award her the damages. Since it sounds like you admit fault, the only thing you might do is assert that the damages are lower than what she is asking for. However at $500, I can guarantee any damage that actually exist is probably at least that (body work isn't cheap).

Of course, if she reported it to her insurer, they'll come after you with a lawyer.
I'd definitely get a release that this amount is the full amount of the claim. Otherwise, if she has reported this to her insurer and you're just paying her deductible they can still come after you for the rest of the payout.

[BMB]

Do you think it is worth it for her to come after me? Let's say the damage done was projected at $400.00 by body shop...

(EDIT: Also if I do pay the compensation, what is to stop her from still sueing and claiming false events? Should I make her sign a contract or record her signing / taking the money etc.)

[flyingron]

Depends how badly she wants that $400.

[SChinFChin]

Hello.

I got into a traffic accident which I believe I was at fault. We both decided to exchange information and not get the police / insurance companies involved. We both had insurance. We contacted each other later and she is claiming that the damage to her car is $500.00 which I'm not sure if I believe. The damage to my car was less than $100.00. I am wondering if I have to pay this, or if she can come after me legally. I'm worried because I have a warrant of arrest because of an unpaid ticket. There was no police report filed. She has my Google Voice number and real name. What would she have to do?

Thank you very much.

-BMB

Normally, you have 30 days to file a claim with the insurance, beyond which the insurance company can deny you.

I know the whole idea behind not filing with insurance is the possibility of your rate going up. But if a small scratch turns into $500.00, and she might discover a stiff neck next week requiring a chiropractor, and you don't know what else she'll do next, and then too maybe you need a lawyer, that's what your insurance is for. If this is the problem, I would simply tell her "sorry, I thought it was a little scratch, but turned more complicated than I thought, so I'll have to do it through my insurance". If you want to, you might want to add "for below $200.00, I can see skipping the insurance", and see what she says.

If you do it quickly, with no police report, at least they can get an adjuster to take a look. Saving a few dollars in insurance sounds good, if you actually save anything at all, would cost you plently in the long run.