Minor Accident Without a Police Report

[foolishlove]

My question involves an injury that occurred in the state of: CA

I got into a car accident with a lady who doesnt have a CA driver's license and a CA ID (only a Mexico license but she didn't bring it with her the time of the accident). It was a minor accident and she was cooperative that we didnt end up calling a police. She even said, she will pay for the damage. She gave all her information like name and husband's insurance (except she doesnt have any ID). I claimed thru her insurance but it was her word against mine. Then, the lady told me to get an estimate. When I gave her the amount, she said it was too much and wants the husband to fix my car at their place. I said no. Her insurance doesn't want to pay for my car since she haven't change her statement. And she's not paying for the estimate either since she cant afford it.

My question is, what step can i do? Hire a lawyer or have my insurance handle it but i have to pay the deductible (my deductible is too much).

[KeyWestDan]

If there was damage, you should have called the police. Your number one mistake was NOT to call the police. Now you are stuck with whatever you can get from her, which is probably nothing. She probably is illegal and doesn't even have a license.

[jk]

how much damage was there? ($)

[foolishlove]

estimated price $1900 (not including car rental)

[jk]

did you file an SR1?

You are required to file an SR1 for any accident over $750 within 10 days of the accident. Failure to file the SR1 may result in license suspension.


unless there was an injury or death, from what I find, a police report is not required.

So, It appears your only alternative it to sue the driver and the owner of the car. If you have not reported this to your insurance company, they may be able to deny coverage if it is beyond any requirements within your policy. If you have reported it, the best thing I can suggest is have your company pay for it and let them fight it out with the other insurance company.

I do not know if any other entity is required to inform the DMV of the accident, other than the police, so I cannot say if the DMV will realize if you failed to file an SR1.

btw; your insurance company has to sign off on the SR1 so they will find out about the accident if you file the SR1.

[foolishlove]

my insurance know.. they are waiting for me if i want them to handle it now.. since i was just trying to get the other insurance to fix it. so, i dont need to pay the deductible.

i didn't get to file the sr1 form. the accident happened oct 3. can i still file it tomorrow?

so, is it better to just go with my insurance or hire a lawyer?

[jk]

my insurance know.. they are waiting for me if i want them to handle it now.. since i was just trying to get the other insurance to fix it. so, i dont need to pay the deductible.

i didn't get to file the sr1 form. the accident happened oct 3. can i still file it tomorrow?

so, is it better to just go with my insurance or hire a lawyer?

it's already been 15 days. Not sure if one more day would really make any diff. You might ask your insurance company. I know in the state I am, my insurance company will actually send the form (fax?) directly to the state. Not sure that would make a big diff but it might. At least you will have it filed.

where does you insurance stand on this? If they and the other insurance company can agree on fault, they will. Neither wants to go to court if it is not necessary.

at this point, I would still just keep dealing with your insurance company.

[Scott67]

I would file the form immediately by regular mail, not going to the DMV or sending it registered. If you do either of the last two things, you will document for them that you are late. A letter will get to Sacramento from pretty much anywhere in California in a day. I'd complete the form and get it in the mail today from a mailbox that will be picked up today or at a Post Office. I don't think they'll bother to check the postmark, but if they do, you are no worse off than if you had documented for them that you are turning it in late. If you don't have the form, you can get it here:

http://www.dmv.ca.gov/forms/sr/sr1.pdf

And, I agree with jk, deal with your insurance company. It's not a big enough case to hire an attorney. And, that way you are protected if she changes her story and claims you caused the accident and she is injured.

[foolishlove]

thank you.


my insurance is gonna take care of it now...


i was just wondering, can i still report the lady for driving without a license? i just dont want anyone to experience what i just experience w/ her.