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The car I was driving wasn't insured and I rear ended someone, what are my options?

Littleton, CO |

I was driving my boyfriend's truck and I and I rear ended a van. Cops were called and the only proof of insurance I could find was outdated.(later to find out the insurance had lapsed,and there was none at time of the accident) There were no injurys to either party, and minor damage to the other vehicle. Today my boyfriend recived a letter from the other party insurance company looking for payment of $3317.68 That seems way to high a price for the minor fender bender that happend. Can i request her insurance give me more than one estimate? What are my options?

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Attorney answers 4

Best Answer
Posted

You should ask for a copy of the bill and canceled check for the payment, not an estimate. You should try and work out a payment plan that make sense for you, otherwise you possibly subject yourself to a lawsuit. You should be sure to obtain a release from the adverse party and his insurance company when you pay the debt.

Hopefully your boyfriend has now obtained liability insurance.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Posted

This is a good question.

If you believe the quoted estimate is too high you can write or call the insurance adjuster and tell them your feelings about this. I recommend you write in addition to calling. You can ask for a copy of the estimate (I can't say for sure whether they will provide it to you). You can ask for pictures of damage to the vehicle. Perhaps you took your own pictures at the accident scene. If you obtain the written estimate and the pictures of damage, you can take them to other collision centers and ask for second opinions. You can also ask the insurance adjuster whether they will allow you to hire your own estimator/evaluator to go see the damaged van and generate their own estimate.

The damage you described sounds minor and depending on the year of the van, the quoted estimate may be on the high side, but you won't know this until you obtain second opinions. Best of luck handling this matter.

This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided “as is” without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regar’s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Jacob Adam Regar

Jacob Adam Regar

Posted

I agree with Attorney Lundeen that if the van has been fixed, then the final repair bill is the important document. But, regarding being subjected to a lawsuit, in this case, if you believe the bill is too high, you shouldn't be compelled to pay more than the cost for a reasonable repair. If the insurer filed a lawsuit, they have to prove the repair is reasonable. The estimate or bill (depending on whether the van has been repaired) may be reasonable. But, you have a right to ask for proof of the basis for the quoted amount. And if it is unreasonable, you shouldn't be forced to pay such an amount.

Posted

Unfortunately, under CO law, before you get behind the wheel of a car, you are supposed to make sure that it has current valid insurance. So, the officers were totally correct in citing you for not having insurance. Unfortunately, that charge comes with a mandatory fine, 40 hours of useful public service, 4 points against your license, and possible suspension of your license. What you definitely need to do prior to the court hearing is to get insurance covering yourself for any car that you normally drive and/or have your boyfriend get insurance for the car that you were driving at the time of the accident to show to the DA and the Court. They will take that positively in offering you a better plea bargain. You probably were additionally cited for following too closely or careless driving as well. That is your biggest issue.

The issue with insurance is that the insurance company and the other driver are not obligated to provide any more estimates than just one. You can ask for another estimate, but they are not obligated to give you one or to go to the time and expense of getting one. Most insurance companies contract with particular body shops. I know that you think it was a minor fender bender. However, repair shops do charge an arm and a leg for repairs to vehicles for labor, parts, repainting, and a host of other issues. So, the estimate might be very reasonable. In your traffic case, the insurance company will most likely ask that you be ordered to pay restitution for the damage to the car in the amount of the estimate. The Court does not require more than one estimate either.

Maxwell Charles Livingston

Maxwell Charles Livingston

Posted

Strong analysis!

Steven Warren Smollens

Steven Warren Smollens

Posted

Cheryl Smith: Really. Points for agreeing with a one year old answer.

Posted

First, get insurance ASAP, as when you go to court for the driving without insurance charge, it will help. Second, see if you can work out a payment plan to pay for the damage you caused. Good luck to out.

Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com

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