General Question

Glow's avatar

In fl, if two vehicles are in an accident and both leave, who is required to pay what?

Asked by Glow (1366points) January 23rd, 2009

I had a minor accident involving a motorcycle that hit my car as I was leaving a parking lot (neither of us saw each other. He was coming around a bend in the road). We didnt call the police as no one insisted. He doesnt have insurance as he claims he doesnt need it since he owns his vehicle. He says that the damages will require $400 in replacement parts. I havent assessed my vehicle yet though (although the damage is minor). Are we both required to pay each others damages? Do we just pay our own damages? Should I contact my insurance company?

Im looking for some advice, im not sure what to do here :/

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8 Answers

AlfredaPrufrock's avatar

Call your agent. His rationale that he doesn’t need insurance because he “owns” his vehicle is whacked. You have insurance because the state requires you to have it. Do not give him cash. Florida is a “no fault” state.

XCNuse's avatar

uhh.. no but paying without outside of insurance is illegal no matter which way you looking at it.

I don’t about FL but in GA you have to have insurance (i think?) but not informing your insurance company about something like that i know is against he law, especially paying for it.

dynamicduo's avatar

@AlfredaPrufrock is correct, one usually requires insurance as a part of state legislation requiring basic insurance, not whether the vehicle is owned or not. That’s the way it is here in Ontario, all car owners must have a certain amount of basic insurance. As I am not a Florida resident nor law expert I can’t tell you what your requirements are there. You should probably call your insurance agent and let them deal with it. I mean, if you have no damage on your car, then maybe it’s worthwhile to give the guy cash to repair his bike to avoid having an accident put on your insurance thus raising your rates possibly, but then it opens you up to problems if the guy sues you later on down the road. If I were you I would play it safe and let the insurance agents deal with it.

DrBill's avatar

If you own your vehicle, you are not required to have collision insurance, you are required to have Comp and Liability coverage.

If you both left the scene, you are each liable for your own vehicle, you should have called the police even if he left. Because you left, you gave up all rights to collect damages, as did he.

You each pay for your own vehicle.

Raggedy_Ann's avatar

I would contact your insurance agent. If you have the other parties name, etc your agent can file a “third party claim” if the other party was at fault.

smartbob's avatar

there are one reasons when it doesn’t matter who is actually is at fault in an accident. If one party is currently breaking the law. Basically you are automatically at fault if you have no insurance or are drinking or whatever, no matter what actually happened in the accident. So, congrats to you, since he has no insurance if the cops or your insurance company are contacted, you will not be responsible for anything. So tell him to pissoff, and you can each pay for your own whatever. If he continues to bother you, then contact the insurance company and the cops and tell them he is trying to blackmail you if he makes threats.

scamp's avatar

I hate to tell you this, but without a police report, you are more than likely screwed. It’s best to get a police report no matter what you intend to do about damages whenever you have an accident. Now it is just your word against his, and the insurance company will probably give you a hard time about it.

He has to have insurance, and that’s probably why he didn’t want you to call the police to report the accident. I bet if you mention this to him, he will be much less likely to try and get any money from you because he won’t want to pay the hefty fines. If your damage is minor, you may just want to fix it yourself, or take him to small claims court on your own, and not tell your insurance company at all, because they may cancel you for this.

Someone hit me while I was going through an intersection once, and he didn’t wait long enough for me to pass before pulling out of a gas staion. He hit my rear quarter panel and put a pretty big dent in it. I called the cops and made a report, and his insurance company paid me, but I didn’t report it to my insurance company because I had no trouble collecting from his company. When it came time to re-new, my insurance wanted to either not re-new, or charge me a whole lot more, even tho what happened was in no way my fault, and I could not have done anything to avoid it. My advice to you is to chalk this up as a learning experience and leave it at that… but do not under any circumstances give this guy a dime!!

john65pennington's avatar

Technically, both are guilty of leaving the scene of an accident. you were leaving private property and he had the right a way, by being on the the public road. since neither of you called the police and no report was made, its like it never happened. each person is responsible for their own damages. calling to report the accident now, will surely find someone arrested for leaving the scene. if you two had exchanged names and phone numbers, then there would be no charge of leaving the scene.

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