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Rear-Ending a Car at a Traffic Light

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  • 04-19-2014, 02:38 PM
    law_guy1234
    Rear-Ending a Car at a Traffic Light
    My question involves a traffic accident in the State of: Ohio

    My son was at fault. The car ahead of him started to move at a green light, stopped, my son kept going and hit them.

    It was another kid. They pulled over, looked at the cars and left. There is no police report. I don't know if there is a deadline on filing a police report, but the accident was about 28 hours ago.

    This morning, the kid's mom calls me. This is when I first hear about it, of course. It was, essentially, "Your kid hit my kid. Your kid is going to get cited. You need to pay to fix this now." I'm a bit taken aback, and caught off guard and I'm not immediately cooperative. I tell her I'll call her back.

    I talk to my kid and his friend who was with him. Based on their stories, I conclude that it was my son's fault. In the meantime, the mom calls me, says they got an estimate from a friend who does body work. It's about $500. The amount sounds reasonable to me if indeed there was any damage, and I believe it is my responsibility to pay it. However, when I ask the mom to send a photo of the damage, she refuses. She also refuses to get a second estimate.

    I want to do what is right, but I also don't want to get taken advantage of.

    Should I dig in and insist on either surveying the damage or getting a second estimate, or should I just pay it?
  • 04-19-2014, 04:09 PM
    CourtClerk
    Re: Rear-Ending a Car at a Traffic Light
    Call your insurance company.
  • 04-19-2014, 04:49 PM
    law_guy1234
    Re: Rear-Ending a Car at a Traffic Light
    Quote:

    Quoting CourtClerk
    View Post
    Call your insurance company.

    Thanks for the response. So I shouldn't just pay out of pocket to avoid the possibility of a police report and a possible citation?
  • 04-19-2014, 04:53 PM
    CourtClerk
    Re: Rear-Ending a Car at a Traffic Light
    Quote:

    Quoting law_guy1234
    View Post
    Thanks for the response. So I shouldn't just pay out of pocket to avoid the possibility of a police report and a possible citation?

    Let me try this again because maybe I wasn't clear the first time.

    Call your insurance company
  • 04-19-2014, 05:22 PM
    law_guy1234
    Re: Rear-Ending a Car at a Traffic Light
    Quote:

    Quoting CourtClerk
    View Post
    Let me try this again because maybe I wasn't clear the first time.

    Call your insurance company

    OK. Thank you.
  • 04-19-2014, 05:42 PM
    Mr. Knowitall
    Re: Rear-Ending a Car at a Traffic Light
    Quote:

    Quoting law_guy1234
    View Post
    I talk to my kid and his friend who was with him. Based on their stories, I conclude that it was my son's fault.

    We'll accept your interpretation of the accident, given that you have a lot more information about the accident than we do.
    Quote:

    Quoting law_guy1234
    In the meantime, the mom calls me, says they got an estimate from a friend who does body work. It's about $500. The amount sounds reasonable to me if indeed there was any damage, and I believe it is my responsibility to pay it. However, when I ask the mom to send a photo of the damage, she refuses. She also refuses to get a second estimate.

    It may be that, even if there is damage, she would rather pocket $500 than either get an estimate or fix the damage.

    If you take courtclerk's advice, reporting the accident to your insurance company in a timely manner, they will adjust the claim. But... how much is your deductible? Are you and your son ready to deal with the consequences of having an at-fault accident on his insurance history? The owner of the other car may be thinking that even if she profiteers a bit, you'll still come out ahead by paying her $500.
    Quote:

    Quoting law_guy1234
    Should I dig in and insist on either surveying the damage or getting a second estimate, or should I just pay it?

    I would be reluctant to pay anything without an estimate, but at the same time if I was pretty sure that there was some damage... pretty minor bumper damage can easily be $300-$400+ for repair and painting. Ultimately it's a call you have to make.
  • 04-19-2014, 11:27 PM
    Who'sThatGuy
    Re: Rear-Ending a Car at a Traffic Light
    I would personally pay the $500 out of my pocket so the insurance company's wouldn't get involved. However, I would make sure that any occupants in the other vehicle weren't hurt so medical bills didn't pop up at a later date. If medical bills will be involved, report the accident to your insurance company right now, they have a 24 hour number to report accidents.

    If you don't pay the $500, the other party will make a police report, notify your insurance company or file a claim with their insurance company. Regardless of what the other party does, your insurance company will be notified and get involved. Your insurance company won't just forget about this minor accident and you will be reminded about the accident come time for the insurance company to renew your 6 or 12 month policy.

    Then I would make my son pay me back my $500, if he didn't already have a job, he would be getting one...
  • 04-20-2014, 06:23 PM
    law_guy1234
    Re: Rear-Ending a Car at a Traffic Light
    Thanks for the responses. The other kid's mom was increasingly more difficult. She wouldn't even consider getting another estimate and steadfastly refused to let me see the damage I would be paying to fix. She also decided she was going to ask me to rent her a car. When I asked her to get an estimate on the car rental, she said that I would have to arrange it and have them meet her at her friend's auto body shop.

    She also wouldn't tell me her insurance company, which I thought was required in Ohio regardless of who was at fault.

    That's when I decided that CourtClerk's advice was best and I called my insurance company and put in a claim on the damage to the other car. They said they will handle everything and call her on Monday.

    No deductible applies in this case, according to the insurance agent I spoke with.

    I don't know if there's a time limit to filing a police report for an accident like this in Ohio, but it has now been more than 48 hours since the accident. The only known witness is a passenger in my son's car. In any case, if he is charged, it's not like he doesn't deserve it.

    Maybe if everything went smoothly and I knew for sure that I would only be out $500, paying out of pocket might have been the way to go, but there were too many unknowns based on the actions and attitude of the mom.
  • 05-01-2014, 08:47 AM
    NY Atty
    Re: Rear-Ending a Car at a Traffic Light
    If you pay the $500, make sure you get a General Release signed and notarized. This will prevent them from suing later for injuries. If they refuse, then give it to your insurance company. That way you will have established a claim, and they will cover you later if you are sued for personal injuries.
  • 05-04-2014, 10:30 AM
    law_guy1234
    Re: Rear-Ending a Car at a Traffic Light
    Thanks, NY Atty. Since this person wouldn't even let me see the car that she was asking me to pay to fix, there's no way she would have signed anything.

    CourtClerk was 100% right. Accidents are why we have insurance in the first place -- a small reason being to handle the initial financial costs, a big reason being to manage outstanding liabilities such as the potential for later injury claims like those you mention.

    In any case, since I turned it over to the insurance agent, they have handled everything. Either they gave her exactly what she wanted, or they looked at the car and there was no damage. Either way, I don't care. My rates are going up, sure, but that's what we pay for protection.
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