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Old 08-01-2010, 10:49 AM   #13 (permalink)
The_Jazz
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Hektore, you're right - up to a point. On a couple of fronts, actually.

First, the state does matter, but in this case, since you're not in a "no fault" state, that's the extent of it. You were right to mention it.

You're still doing your insurance carrier's job for them. Actually the car owner's insurance carrier. Keep it up if you want, but realize that there's someone else who knows what they're doing who will get around to it, and all you've done is save that person some work.

I'd say your gut is probably right about speaking to the officer. If he seeks you out, talk to him. If he doesn't, don't. It's up to him to prove something, and he's after a criminal case, not the civil one between you/car's owner/your insurance companies. Follow your instincts.

If they've filed with their insurance company, it's up to that company now to decide what to do. They'd need to have a pretty bullet-proof case under the circumstances since you're not admitting liability and there are no witnesses. If you get a letter from them, you should forward it on to your insurance company. If you haven't already, I suggest that you contact both the car's carrier and your own so that you don't get tagged with a late notice. That can protentially prejustice your carrier against you (although probably not under the circumstances) but you have nothing to lose and a lot to gain if you get ahead of this with the folks YOU PAY TO TAKE CARE OF THINGS LIKE THIS FOR YOU. This should not change your rates one iota since there's no actual claim and, in my opinion, no real chance of one happening. From what you described, there's not all that much damage here, so we're talking a maximum of a few thousand dollars. In the insurance world, that's probably not worth the company pursuing since they'll most likely spend more chasing you for it than they'd collect.

Unless you're charged with a crime, you don't need to talk to an attorney.
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