just because he's had an insurance claim before doesn't mean that his insurance company WON'T pay you. they have to pay you. the only thing that will happen to him is that his premium will go up, and he would probably just have to pay more in the long run of things...

he might not be too intelligent if he'd rather pay almost 4 grand out of pocket instead of having to pay more per month for insurance. sounds rather retarded to me.

i still think, as do other people here, that you have NO reason to do this guy any favors. not only damage to the car, but the medical bills also. medical bills are a lot more expensive than car repairs. do you expect him to pay for that too (out of pocket)??

as far as proof... either have a meeting with him, with a witness. or have a fone conversation with him, while he is on speaker fone and someone else is there with you.

 

Of course he doesn't want to go through insurance! He's gonna play you for a fool, and try to save his own ass. Its not up to him to decide who's insurance pays for you damages. If you want his insurance to pay you, then you have to call his insurance company and file a claimant's report. Why should you have to go through your insurance and have your premium raised? It was his fault so his insurance should pay you, period. And even if he didn't admit fault, it will mostly likey be found that he was at fault, because I'd say about 99% of rear-endings are deemed the fault of the driver who hit did the rear-ending. You must take him for all he's worth, it was his fault and you should not have to pay a dime.

 

tibbychick: when you call the driver at fault's insurance company and report a claim. Do they always send you a check? or will they pay for the bill at the bodyshop after the repair? What is the process to get them to give you cash directly?

 

you get an estimate (they prefer at least 2), you give that insurance company a copy of each estimate, and they will give you a check according to the estimate they want to honor (generally the lowest-cost). that check they give you, obviously, is supposed to go towards the repair of your vehicle. they do not (i believe) send the check to the repair shop

 

I think it's different in Canada, can anyone verify? The insurance company actually pays the bodyshop and no cash to us directly. It's been two weeks and I still can't contact the guy directly. He's working in out of service area. There is no deadline to which time expires for claiming an accident righT?

 

The sooner the better, and my insurance company gave me a check but it was already filled out to go directly to the shop doing the repair. I got nothing but my car fixed. (which I was happy to finally get back...long story that I won't get into) As far as aftermarket parts go, most of the time they are cheaper than OEM parts so you might not have trouble getting anyone to agree to using them...can't hurt to ask.

 

definatly.. if the shop can get the aftermarket parts on your car and pocket a bit of extra cash.. they should jump on it big time!

 

You got his info i would call and file the claim through his insurance you don't have to deal with him even, cause $hit if your hurt dont mess around get it taken care of ..... and get the most out of as you can tell the body shop you would like to order aftermarket parts for it and chance's are it will be cheaper anyway and your car can get a few extras for free except for oops.gif pain and suffering oops.gif but hey hope everything goes well for ya

 

I got hit by an s10 in january, was like $4700 dollars worth of dmg on my 2k tib. They gave a check to the body company, and then they like "handed" it to me and i handed it back haha. So they could use the money to fix the car. I don't know though usually insurance companies try to cheat you. They'll claim like "betterment" if one of your tires pops in a wreck. Because if they replace your popped tire with a new one. Well you didn't have a new tire on before....But if the person hadn't of hit you, your tire wouldn't have popped. I'm still arguing with them on this crap heh.