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polish_tom 17-Apr-2008 05:04 PM

Accidnent Claim
 
Okay I had an accidnet around march, and this guys insurance company calls me today telling me that he is hurt even though we hit going around 20Km/h and he has a van and i have a civic... And he has no police report should I be worried? he does have my info and a picture of my car license plate - No Police Was involved at the scene.

FiveO 17-Apr-2008 10:42 PM


Originally Posted by polish_tom (Post 75024)
Okay I had an accidnet around march, and this guys insurance company calls me today telling me that he is hurt even though we hit going around 20Km/h and he has a van and i have a civic... And he has no police report should I be worried? he does have my info and a picture of my car license plate - No Police Was involved at the scene.


What are you going to claim? That you weren't in an accident with him?

He doesn't need a police report to file a claim with his insurance company. His insurance company doesn't need a police report to talk to your insurance company.

Given that he wasn't injured enough to seek immediate treatment at the time of the accident, odds are that the injury isn't that serious. Maybe a stiff neck, sore back, pulled muscles, things like that sometimes take a few days to show up after a crash, and generally go away after a while with or without simple therapy. In any case, there's not likely to be enough catastrophic injury that you have to worry about being sued by him.

His insurance company is probably just calling you to verify that there was an accident before they pay out on his medical or loss of income claim. With Ontario's no-fault insurance system, his insurance company looks after paying his costs.

polish_tom 18-Apr-2008 01:09 AM

YEAH but if they talk to my insurance company my rates will go up for sure,

well i can argue that his claim is bogus do to insufficent evidence, since there was no claim filed. It's his word against mine... and vice versa .becouse the accident report voids it in 24h, and if the damage was under a thousand dollars it's still my win. becouse come on he didn't report it to his insurance after a month... he could have hurt himself somewhere else...

allstar_6d9er 18-Apr-2008 12:28 PM

^ and if theres no report i imagine there no proof of whos at fault?
So if theres no deciding factor and u didnt sign a note saying u where at fault then i dont see how he can make a claim against your insurance company. Thats like me running into a parked car, taking its plate then calling my insurance company.

FiveO 18-Apr-2008 07:47 PM


Originally Posted by allstar_6d9er (Post 75410)
^ and if theres no report i imagine there no proof of whos at fault?
So if theres no deciding factor and u didnt sign a note saying u where at fault then i dont see how he can make a claim against your insurance company. Thats like me running into a parked car, taking its plate then calling my insurance company.

Except in this case, the other driver has the original poster's info. How did he get that?

FiveO 18-Apr-2008 07:53 PM


Originally Posted by polish_tom (Post 75243)
YEAH but if they talk to my insurance company my rates will go up for sure,

well i can argue that his claim is bogus do to insufficent evidence, since there was no claim filed. It's his word against mine... and vice versa .becouse the accident report voids it in 24h, and if the damage was under a thousand dollars it's still my win. becouse come on he didn't report it to his insurance after a month... he could have hurt himself somewhere else...

No, nothing is voided in 24 hours, and the damage being under $1,000 makes no difference anyways when personal injury is involved.

So what are you going to do? Lie?

That could get you in a whole lot deeper with your insurance company than just being honest about it. If you're worried that your rates will rise because of a small accident, think about how much they'll rise if your policy is canceled and you end up on an province-wide industry blacklist for misrepresentation and lying about a claim.

bbarbulo 18-Apr-2008 07:55 PM

bottom line is there WAS an accident and your rates should go up as a result, regardless of whether any claim is made. it's an indicator of your inability to pay attention behind the wheel, and that's the foundation of risk assessment.

polish_tom 19-Apr-2008 02:11 AM

well it looks like i'm off i went to the opp collison centre and the officer said he can;t do anything and if he calls me again to tell him to call him he gave me his card,

FiveO 19-Apr-2008 07:49 AM


Originally Posted by polish_tom (Post 75625)
well it looks like i'm off i went to the opp collison centre and the officer said he can;t do anything and if he calls me again to tell him to call him he gave me his card,


You're confusing things. The cops won't do anything from a standpoint of collision reporting, charges, and whatnot.

The insurance companies are another matter completely separate from the collision reporting issue. Their decisions fall in the realm of civil law where judgment is made not on what can be legally proven beyond a reasonable doubt, but what can be deemed to have happened based on a balance of probabilities.

Things like this are a test of character just as much as of legalities. The question should be, what is the right thing for you to do, versus what do you think you can get away with.

Tell us, when you run into another car and damage it in a parking lot, do you look around to see if anyone saw you before deciding what to do, er, I mean, taking off without saying anything? That's a similar test of character.

Your initial post indicates that you are quite willing to deny the accident ever took place. In most people's books, doing that would make you out to be a self-serving liar of the worst order. It reminds me of a snake trying to wriggle out of responsibility. It would be quite fitting if you ended up being roadkill while trying to weasel out on this one.

polish_tom 21-Apr-2008 01:41 AM

I wouldn;t deny it but seeing how he's filing for a claim a month after the accident does not mean that he was hurt becouse of our accident, and seeing how you should never Admit that you caused the accident in the first place even my lawyer said even if it was your fault you should always leave that to the police and since there is no COLLISSION report how can they declare who is at fault.

FiveO 21-Apr-2008 10:13 AM


Originally Posted by polish_tom (Post 76109)
I wouldn;t deny it but seeing how he's filing for a claim a month after the accident does not mean that he was hurt becouse of our accident, and seeing how you should never Admit that you caused the accident in the first place even my lawyer said even if it was your fault you should always leave that to the police and since there is no COLLISSION report how can they declare who is at fault.


Once again, slowly this time, insurance companies do not NEED a collision report to assign fault when a collision is reported to them.

Also, it's not uncommon for certain types of injuries to show up or worsen several days AFTER a collision has occurred.

Nova_Dust 21-Apr-2008 10:22 AM

So how did the accident happen in the first place? What was done as a result of it? He has your information, did you get his? What was agreed at the scene, that no one will report it to their insurance company?

username 14-May-2008 08:19 AM


Originally Posted by FiveO (Post 75642)
Tell us, when you run into another car and damage it in a parking lot, do you look around to see if anyone saw you before deciding what to do, er, I mean, taking off without saying anything? That's a similar test of character.

Good call.
I was getting out of my car at a Chapters one time with my wife as this Honda Oddesy was backing out of the spot directly in front of me. He turned and narrowly missed my car, but really nailed the car beside me. Left a huge gouge in the bumper of the other car. I look right at the driver, he pops it in drive and peeled outta there. I recorded his plate and vehicle description and waited for the owners to come back to their car and gave it to them with the story, and my info in case they needed it. They never called me, but the lack of responsibility out there is just insane.


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