Need Help ASAP- Car Accident - Tilted Forum Project Discussion Community

NoSoup · 08-14-2004, 02:21 AM

Sorry Mods, I know that General Discussion probably isn't the best place for this, but I would imagine that it would get the most traffic here. I need some relatively quick answers, but feel free to move it if you must.

Alright folks, please offer any advice you can give me in this situation. However, I do ask that you don't speculate, as having incorrect information regarding this matter likely would hurt more than help. This post may be a bit long, but I would like to include all the related info. Take note, however, that I do not condone the actions that led up to the incident.

My Cousin, we'll call her "B" was drinking downtown at a bar. She was far, far too drunk to drive, so she called her friend, we'll call her "W" to come and drive her home. "W" got dropped off at the bar and they both hopped in and began to drive home. However, they were going straight when a truck took a sharp left in front of them and they hit it in the rear, causing extensive damage to both vehicles, particularily "B's"

After getting out and speaking with the driver they find that he is a 20 year old and that he is intoxicated. The legal drinking age here in Wisconsin is 21, and so he would suffer dire consequences if caught. Both of the girls are of age. He believes that "W" was completely sober and admits that the accident is his fault. In reality, however, "W" - although not wasted, likely would not pass a breathalyzer. On top of that, her license is suspended. So, when the guy suggests (begs) that they don't call the police, both "B" and "W" readily agree.

I get a call at approximately 3:30 in the morning from "B" to come and pick her up. I get the guys information, and as a precautionary measure we have him sign a slip of paper that says the following:

I, "Guy", will give "B" $500.00 in cash within a 24 hour period. I will then pay the remaining balance of the costs of repairs within a six-month time period. I fully acknowledge that the accident was 100% my fault. If I do not comply with these terms, I will pay an additional fee of $50.00 for every week that the balance is not paid in full after the alotted 6 month time frame.

The document is signed by both parties as well as a witness (me) and has the date on top.

He then drives home and I park "B's" car in a nearby parking lot and give both "B" and "W" a ride to "B's" house.

The reasoning behind not calling the police and filing a report is because "B" didn't want to have "W" get in a whole shitload of trouble. However, will the insurance (either the guys or hers) still pay for the damages if the accident report is filed at a later time (like... say.. .when they both are sober?) Will the insurance even cover "W" with a suspended license? Will the insurance pay even without a police report filed?

Like I said, I don't really agree with what happened tonight, but we made best do with the situation at hand, given the options we had. I don't believe there were any witnesses to the accident other than those involved.

So, any advice? I know that that is pretty open ended, but I am sure that I may have missed many of things that could potentially come from this. Any help with the insurance specific questions would be much, much appreciated as well.

Well, that's all for now - Thanks again TFP

Jennteel · 08-14-2004, 02:38 AM

Yes, you can file when they are sober. However, the insurance agency will try to get out of paying for the damages because her liscence is suspended and it was illegal for her to be driving in the first place. She is stuckin a tough situation that's for sure. No there does not have to be a police report filed. Keep in mind though these stipulations may vary from state to state. My advice would be for her to keep shut about her liscence and try to get his insurance company to settle out of court. I was also in a simular situation and insurance agencies would rather settle that way. But if his company wants to be an ass about it and her company finds out she is not a legal driver, she could be stuck with all her own damages. Can she afford a lawyer? That would be the best thing to do.

Cynthetiq · 08-14-2004, 04:57 AM

I had a friend in a similar situation but when the insurance company investigated the driver found suspended liscense and bounced the case with no pay out.

the only suggestion is to do it all via private party, paying cash.

Gabbyness · 08-14-2004, 06:11 AM

I guess Cynth has the best idea, because frankly, that hurt my head to read.

Whew.

Redjake · 08-14-2004, 06:15 AM

I would do what Cynth said too. Don't bring the insurance into this, it will turn into a huge headache. Also, that written statement doesn't mean shit unless a public notary signed it and witnessed it (I think). Or a lawyer. I may be wrong. Does anyone have any info on that?

Blonddie · 08-14-2004, 07:17 AM

We had a similar experience once. Years ago we were driving out in country and some kids (teens) in a pick up truck hit. It wasn't a major collision but the kids were drinking. I was pregnant at the time so hubby was Furious! Anyhow, because we were out in the middle of nowhere we knew if we called the cops the kids would be gone.So hubby took the kids info (both of them) from drivers liscenses, VIN info etc. The driver agreed to pay a certain amount-- $500.00 I think- to repair our car. Hubby made it clear if he did not pay by the agreed time he would hunt them down and kick their asses. ( As I said he was mad and these kids were scared shitless) They paid as agreed-- the full amount and on time. So it can work out, just make sure you get their info in case they don't pay.
Side note, this also happened in WI. Good Luck!

NoSoup · 08-14-2004, 01:09 PM

Quote:

Originally posted by Redjake
I would do what Cynth said too. Don't bring the insurance into this, it will turn into a huge headache. Also, that written statement doesn't mean shit unless a public notary signed it and witnessed it (I think). Or a lawyer. I may be wrong. Does anyone have any info on that?

Well, it just so happens that I am a public notary and I witnessed the signatures, so we may have lucked out there...

08-14-2004, 02:21 AM	#1 (permalink)
NoSoup Non-Rookie Location: Green Bay, WI	Need Help ASAP- Car Accident Sorry Mods, I know that General Discussion probably isn't the best place for this, but I would imagine that it would get the most traffic here. I need some relatively quick answers, but feel free to move it if you must. Alright folks, please offer any advice you can give me in this situation. However, I do ask that you don't speculate, as having incorrect information regarding this matter likely would hurt more than help. This post may be a bit long, but I would like to include all the related info. Take note, however, that I do not condone the actions that led up to the incident. My Cousin, we'll call her "B" was drinking downtown at a bar. She was far, far too drunk to drive, so she called her friend, we'll call her "W" to come and drive her home. "W" got dropped off at the bar and they both hopped in and began to drive home. However, they were going straight when a truck took a sharp left in front of them and they hit it in the rear, causing extensive damage to both vehicles, particularily "B's" After getting out and speaking with the driver they find that he is a 20 year old and that he is intoxicated. The legal drinking age here in Wisconsin is 21, and so he would suffer dire consequences if caught. Both of the girls are of age. He believes that "W" was completely sober and admits that the accident is his fault. In reality, however, "W" - although not wasted, likely would not pass a breathalyzer. On top of that, her license is suspended. So, when the guy suggests (begs) that they don't call the police, both "B" and "W" readily agree. I get a call at approximately 3:30 in the morning from "B" to come and pick her up. I get the guys information, and as a precautionary measure we have him sign a slip of paper that says the following: I, "Guy", will give "B" $500.00 in cash within a 24 hour period. I will then pay the remaining balance of the costs of repairs within a six-month time period. I fully acknowledge that the accident was 100% my fault. If I do not comply with these terms, I will pay an additional fee of $50.00 for every week that the balance is not paid in full after the alotted 6 month time frame. The document is signed by both parties as well as a witness (me) and has the date on top. He then drives home and I park "B's" car in a nearby parking lot and give both "B" and "W" a ride to "B's" house. The reasoning behind not calling the police and filing a report is because "B" didn't want to have "W" get in a whole shitload of trouble. However, will the insurance (either the guys or hers) still pay for the damages if the accident report is filed at a later time (like... say.. .when they both are sober?) Will the insurance even cover "W" with a suspended license? Will the insurance pay even without a police report filed? Like I said, I don't really agree with what happened tonight, but we made best do with the situation at hand, given the options we had. I don't believe there were any witnesses to the accident other than those involved. So, any advice? I know that that is pretty open ended, but I am sure that I may have missed many of things that could potentially come from this. Any help with the insurance specific questions would be much, much appreciated as well. Well, that's all for now - Thanks again TFP __________________ I have an aura of reliability and good judgement. Just in case you were wondering...

08-14-2004, 04:57 AM	#3 (permalink)
Cynthetiq Tilted Cat Head Administrator Location: Manhattan, NY	I had a friend in a similar situation but when the insurance company investigated the driver found suspended liscense and bounced the case with no pay out. the only suggestion is to do it all via private party, paying cash. __________________ I don't care if you are black, white, purple, green, Chinese, Japanese, Korean, hippie, cop, bum, admin, user, English, Irish, French, Catholic, Protestant, Jewish, Buddhist, Muslim, indian, cowboy, tall, short, fat, skinny, emo, punk, mod, rocker, straight, gay, lesbian, jock, nerd, geek, Democrat, Republican, Libertarian, Independent, driver, pedestrian, or bicyclist, either you're an asshole or you're not. What's the best nation in the world? DO-NATION!

08-14-2004, 06:11 AM	#4 (permalink)
Gabbyness Chicken scratch. Location: Japan!!!	I guess Cynth has the best idea, because frankly, that hurt my head to read. Whew. __________________ One, two, three, four, fiiiiiiiifth.

08-14-2004, 06:15 AM	#5 (permalink)
Redjake I'm a family man - I run a family business. Location: Wilson, NC	I would do what Cynth said too. Don't bring the insurance into this, it will turn into a huge headache. Also, that written statement doesn't mean shit unless a public notary signed it and witnessed it (I think). Or a lawyer. I may be wrong. Does anyone have any info on that? __________________ Off the record, on the q.t., and very hush-hush.

08-14-2004, 07:17 AM	#6 (permalink)
Blonddie Crazy Location: Southern California	We had a similar experience once. Years ago we were driving out in country and some kids (teens) in a pick up truck hit. It wasn't a major collision but the kids were drinking. I was pregnant at the time so hubby was Furious! Anyhow, because we were out in the middle of nowhere we knew if we called the cops the kids would be gone.So hubby took the kids info (both of them) from drivers liscenses, VIN info etc. The driver agreed to pay a certain amount-- $500.00 I think- to repair our car. Hubby made it clear if he did not pay by the agreed time he would hunt them down and kick their asses. ( As I said he was mad and these kids were scared shitless) They paid as agreed-- the full amount and on time. So it can work out, just make sure you get their info in case they don't pay. Side note, this also happened in WI. Good Luck! __________________ "There's one in every family...two in mine actually.."--- Zazu

08-14-2004, 02:38 AM	#2 (permalink)
Jennteel Tilted	Yes, you can file when they are sober. However, the insurance agency will try to get out of paying for the damages because her liscence is suspended and it was illegal for her to be driving in the first place. She is stuckin a tough situation that's for sure. No there does not have to be a police report filed. Keep in mind though these stipulations may vary from state to state. My advice would be for her to keep shut about her liscence and try to get his insurance company to settle out of court. I was also in a simular situation and insurance agencies would rather settle that way. But if his company wants to be an ass about it and her company finds out she is not a legal driver, she could be stuck with all her own damages. Can she afford a lawyer? That would be the best thing to do.