General Question

BoyWonder's avatar

What can one do in a situation like this?

Asked by BoyWonder (806 points ) September 12th, 2011

I have a friend from NY who hit a lady in her car on the highway…it was my friend’s fault. He asked the lady if they could settle out of insurance and she agreed. All he gave her was his drivers license number, address and cell phone number. She probably has his license plate number. She has no insurance information. My question is, what can she do with the information she has alone if he decides not to follow thru?

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8 Answers

marinelife's avatar

She can give his cell phone number and address and driver’s license number to the police who will certainly follow through. If he did not take care of it, he could be charged with hit and run, which is a criminal offense.

snowberry's avatar

She can file with the police for starters and also notify her insurance company. If it came to it, they could compare paint samples of the paint on his car and see if some of it is on her car or vice versa.

Ask your insurance company how to know when it’s time to call the police and when it isn’t. They generally suggest that if the damage is slight, to simply work together without getting police involved.

Coloma's avatar

Right @marinelife

Sounds like your friend is considering skipping out on his word.
Bad idea, the consequences are always more severe when one attempts to evade responsibility of any kind.

This is true all the way up the ladder and, karma’s a bitch.

Adirondackwannabe's avatar

If she turns it over to her insurance company, they can sue your friend and get a judgement against him. I got hit by a guy that was driving an uninsured, unregistered vehicle while his license was suspended for DWI. The insurance company got a judgement against him for the amount of the claim. They didn’t collect much on it when his property went up for tax sale, but I think they got a little.

JLeslie's avatar

Did your friend take her information also? At least her name and phone? They can’t say it was a hit and run if he has her information. If the police show up or the insurance calls him, he can say he had been waiting to hear something, and yes it was his fault, that is why he provided his information to her. If she is a crazy bitch trying to get him into more trouble than is warranted he should say they both agreed to settle it up.

If he is hoping not to repair her car, feels like he got away with something, he is not an honorable person. It is unacceptable. Sounds like your friend has insurance, he can call them now and explain what happened. He does not have to use his insurance to fix the car in the end.

CWOTUS's avatar

For starters, if the damage is over a certain dollar threshold (and it’s a pretty low threshold, like $300 or something, which is nothing in auto repairs), he can be in violation of the law for not reporting the accident to the police. “Failure to report” property damage accidents is a prima facie crime, though not usually prosecuted if both parties have no other problems with the outcome.

If there was an injury involved, then that trumps property damage, and is always required to be reported, in any state where I’ve been licensed.

If this thing works its way up to his insurance company, then regardless of whether a claim was made against them or not, they may drop him as “unacceptable risk”, by virtue of his dishonesty.

bikingcatlady's avatar

I agree with the other posters. The woman who he hit can file a hit and run report with the police. That is a criminal charge and a moving violation. He can wind up in a lot of trouble not worth the effort of fessing up and making good on his obligation to make the woman whole as he was at fault. Trying to avoid responsibility in this case would be irresponsible and costly.

Kardamom's avatar

Plus, even if her car was not damaged and he paid to get it fixed without contacting the insurance company, she might decide later that she has whiplash or some other kind of medical condition that was “caused” by the accident. Then her insurance company or the police can track down your friend and take him to court to pay for the real stuff as well as the made up stuff.

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