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I didn't realize I hit someone's car... not sure if I should file a claim?
Anonymous5 views3 answers
I hit a parked car of a friend (she was not in the car and there were no injuries) while leaving the parking lot of a bar we both work at. We did not discover the damage until 2 days later. I got an estimate and have about $1000 damage to my bumper (if they fix to insurance standards),otherwise it will cost me $500 for a quick fix out-of-pocket; she has not gotten estimate yet but has only a small ding and does not act very concerned. I told her I would pay for her damage but do not want to file a claim since we were both drinking. My deductible is $250, and I am wondering if I should call my insurance? I do not want to file a police report obviously. What do you suggest? I don't want to lie to the adjuster but I am scared about getting in trouble.
Generally, if both of you can come to an agreement about the damages and the necessary remedies, there is no obligation to report the incident to the insurance company. There may however be laws and ordinances requiring the filing of a police report if the property damage exceeds certain amount and/or if there are personal injuries. You should check your local statutes and ordinances to figure out what is your obligation under the law.
But, so far as the insurance is concerned, if you guys can agree to settle the matter between the two of you--it is all fine. Make sure, however, that any agreement you reach is in written form and very clear, signed and sealed. Also, just to make sure, read your policy and see what it says about non-reporting of an incident.
I hope this helps-
Nima Taradji
http://personalinjuryattorneyz.com
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.
If your girlfriend is not concerned, and it is really and truly just a "ding" in her car, then there's no issue. Let a week go by and mention it again to her, that you will take care of it.
If your choice is to fix your own damages, no one can stop you. (Yes, I'm legally obligated to tell you that if the damage is above a certain amount - $1,000 in my jurisdictions - regulations require you to file a report; but in 20 years of practicing law I've never seen anyone prosecuted for violation.)
Finally: you know what I'm going to say: stop drinking and driving. Thank God all you hit was the parked car of a friend. You do not want to de driving on the streets in that condition. Please. DWI attorneys charge 2,500 - 5,000 in my jurisdictions for an average case, but this would be the least of your worries if there's an accident, injury or worse. Please listen to me.
I wish you the best.
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This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
In addition to what others have told you, if you do reach an agreement I would make it contingent upon the other party signing a full release of you.
Disclaimer- You should consult with a local attorney concerning the specifics of your legal matter. This communication is not intended as and should not be interpreted as legal advice or a legal opinion. The transmission of this communication does not create an attorney-client relationship between the sender and you. Do not act or rely upon the information in this communication without seeking the advice of an attorney.
