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#31 of 57 Old 07-01-2009, 05:22 PM
 
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Otherwise, check your state and local laws, and don't make unilateral statements about per-state legalities online.
Uh, yeah, so did you miss the part where she said,

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Maybe the laws vary somewhat from state to state, but in OH at least, if your are driving a motor vehicle you MUST have insurance or other proof of financial responsibility
?
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#32 of 57 Old 07-01-2009, 06:01 PM
 
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I'm going to concur that your best scenario is to pay them the $700 ASAP. That is a deal, IMHO. Beg, borrow, steal to get the money. Okay, not steal. But make it a priority. If they are willing to do payments, that would be great for you. But I would not expect that. If you have a credit card, perhaps you could pay the repair shop directly. (Although I would be wary of it going over the $700.)

Here (Missouri, USA), you could also be liable for a rental car while they are not able to drive their car, while it's in the shop.

If you've got anyone with legal expertise or access to legal services, I would see if they could help you draw up a letter stating the terms: $700 covering all damage to the car, and whether it is paid immediately or 1/3 a month over 3 months, etc. If you can't get legal help, do as much as you can in writing, and get them to sign off when you hand over the check.

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#33 of 57 Old 07-01-2009, 06:31 PM
 
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I don't quite get why your mother's insurance won't pay-is it because you're uninsured?

Anyway-pay the 700 however you can, before these folks get a lawyer and the whole situation becomes a lot worse. You should consider yourself lucky that no one was injured. This could have been a lot worse than a scratch and dent.
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#34 of 57 Old 07-01-2009, 06:41 PM
 
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I would pay the $700 but make sure to have them sign a document stating that by accepting the $700 payment, they relinquish all rights to make future claims against you related to this accident. You don't want them coming back 6 months from now saying they have stiff necks and suing you for medical bills, etc.
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#35 of 57 Old 07-01-2009, 06:57 PM
 
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Doesn't your mom's insurance cover you since you were driving her car?

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#36 of 57 Old 07-01-2009, 06:59 PM
 
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Um... I'm not sure if this is different province to province, but in parkinglots, accidents are covered 50-50 by each insurance. In other words, parkinglot accidents are considered your fault and their fault.

I would call your mom's insurance company back to ask them if this would be their policy and if so, I would give the couple half the bill.

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#37 of 57 Old 07-01-2009, 09:35 PM
 
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(I also agree that backing in to a road or parking area out of a space and a collision occurs basically makes you automatically at fault.)
Not necessarily. Dh was in a pretty serious collision backing out of a parking spot (serious as in he was injured and the car was nearly totaled). The police ruled that the other driver was at fault. Dh had watched the truck pass behind him and then proceeded to back out. The truck's driver decided half way down the lane to throw the truck into reverse and gun it to go back to another spot. Ended up t-boning our car at about 35 mph in reverse: We are in a "no fault" state so it did not matter, we (or your own insurance company if you have collision) are still responsible for the repairs. But fault still must be determined for ticketing and insurance rate purposes. The truck driver did not have insurance BTW.

I hope someone in the know from Ontario will chime in. It is awfully strange that your mom's insurance company will not cover it unless either she did not have collision in her policy or Ontario operates as a no fault province like MI does.
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#38 of 57 Old 07-01-2009, 09:41 PM
 
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They are not a business or someone who agreed to loan you $$$ - you need to pay them ASAP. Asking for a payment plan would send me right to court in this case - I'd be LIVID.

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#39 of 57 Old 07-01-2009, 09:51 PM
 
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I would not take a payment plan. I simply wouldnt trust you to pay it. Why isnt your mothers insurance paying it? There is simply NO reason they shouldnt be covering this. Unless you are on it as a non driver. ????? What about the other people, did you call their insurance?

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(I also agree that backing in to a road or parking area out of a space and a collision occurs basically makes you automatically at fault.)
That is frustrating. You should see the nutjobs flying down the aisle at the Pulblix. OMG. Not to mention the ones going the wrong way. I park way out in the boonies it is THAT bad.

My mantra is call the cops, call the cops, call the cops. Even in a parking lot they come out in my state. Another reason to drive insured!!!!!!!!!!!!!!!
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#40 of 57 Old 07-01-2009, 09:51 PM
 
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I am in Ontario, but here the insurance is on the vehicle and not the driver. My daughter's father got in a wreck driving my car, and my insurance covered it. I'm surprised OP that your mother's insurance won't cover this. Why not?
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#41 of 57 Old 07-01-2009, 10:29 PM
 
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Not sure how you would go about this legally but I would try and get something in writing that this is the extent of the damage and you are not responsible for any later claims should they "find" out that say their brakes are now messed up or the dent in the door was so bad that the seat is bent or something. You would be amazed at the extent some people will go to to make a buck.

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#42 of 57 Old 07-01-2009, 10:39 PM
 
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Not sure how you would go about this legally but I would try and get something in writing that this is the extent of the damage and you are not responsible for any later claims should they "find" out that say their brakes are now messed up or the dent in the door was so bad that the seat is bent or something. You would be amazed at the extent some people will go to to make a buck.
This is a very good idea. It's not always the vehicle owner even who makes extra "claims". It's not uncommon for unscrupulous body shop owners to tack a few extras on when they find out it was an accident and someone else was at fault. They figure the owner won't dispute it because it's not their dime.

FWIW, insurance companies usually require multiple quotes on repair work. it might not be the worst idea to gently suggest that. Of course, you might want to sort of test the waters on that and not be too pushy since you don't have anyone representing your best interests in this.
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#43 of 57 Old 07-01-2009, 11:40 PM
 
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Personally, I would not accept a "payment plan" from an uninsured person who was at fault and hit me. Honestly, it's not their fault that you 1) Hit them 2) Were driving without insurance 3) Are struggling financially
I agree.

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#44 of 57 Old 07-02-2009, 12:58 AM
 
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Thank you for your input. My mother's insurance will not cover this damage, I've checked.

Further question: if you were the other driver and got hit by someone uninsured, would you accept some kind of payment plan to get reimbursed? I've got debt up to my eyebrows here and I'm paying off several institutions/people at once, so I just can't fork out 700$ to the couple I hit. If they weren't going on about how their car isn't driveable at all because of the damage, I would feel more comfortable saying "Can I pay you back in installments?"
I'd figure out a way to give them the $700 and pray they didn't come back for more. Driving while uninsured is a really, really, really risky thing to do.

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Personally, I would not accept a "payment plan" from an uninsured person who was at fault and hit me. Honestly, it's not their fault that you 1) Hit them 2) Were driving without insurance 3) Are struggling financially
Yes, this.

This is also a lesson for all in the importance of having adequate uninsured motorist protection. You simply cannot count on other people to do the right thing.
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#45 of 57 Old 07-02-2009, 02:55 AM
 
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I learned to always call the cops. My insurance flat out told us that if we didnt have a police report they take the other peoples word over ours. mmkay :
Sounds like it's time to get a different insurance company. I had coverage from a company that was fine with me being 100% at fault when someone else hit the side of my car while making a left turn out of a driveway. I didn't keep them very long after that. I've had much better experiences with Auto Club and State Farm.

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No, teenagers have to have insurance on them because they live in the same house and have daily availability of the car. If they move more than 50 miles away (say for college), the insurance on them can be dropped BUT they can still drive as guest drivers when home over short breaks. Insurance on "guest drivers" is on the car. My dad was pissed as all heck that because my college was only 48 miles away, his car insurance company insisted that I had to remain on the policy, even though I didn't have any access to the car. He actually had to change policies over that one . . . and I was not permitted to drive as a guest driver when home, even though my other siblings were.
: When I moved back in with my mom for a little while, she had to get me specifically excluded from her insurance policy, or had to add me to it. If we weren't related, or weren't living in the same household, the insurance policy could be silent on me, but because I was a family member in the same household, it had to say something specific about me. I was in college at the time, and expensive to insure ;-) so she excluded me (I had my own car and insurance).

So if the OP is living with her mom, she might be specifically excluded from her mom's insurance; otherwise, they should cover liability.

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Not necessarily. Dh was in a pretty serious collision backing out of a parking spot (serious as in he was injured and the car was nearly totaled). The police ruled that the other driver was at fault. Dh had watched the truck pass behind him and then proceeded to back out. The truck's driver decided half way down the lane to throw the truck into reverse and gun it to go back to another spot.
When I backed into someone who was in a place they shouldn't have been, I found out that if you're in reverse, it's ALWAYS your fault... though if *both* drivers are in reverse, then it may be split. I also was a witness to an accident in a parking lot where two cars on opposite sides of the aisle backed into each other, and the insurance company investigators were very interested to know whether either of the cars had gotten completely out of the space and into the right-of-way before they hit.

I'd agree that having insurance squared away is very important before getting behind the wheel. I think, though, that the OP probably has received that message by now ;-) and people can let that part drop.
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#46 of 57 Old 07-04-2009, 07:45 AM
 
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Did I miss something? Were you in Ontario? Because people keep mentioning Ontario.

Anyways, I am in Qc and when I was a teenager and still lived at home, I was put on my parent's insurance plan as a secondary driver. I think their rates went up a tiny bit, but nothing too much. I've also never heard of having insurance on *yourself* as a driver vs having insurance for your car. I thought it was always for the car (in Qc) and there's a line in the insurance papers about "guest" drivers being covered. However, if someone uses the car often, they should be listed as secondary drivers.

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#47 of 57 Old 07-04-2009, 08:39 AM
 
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My dh was recently in an accident and he didn't have insurance. You are so lucky the police weren't called or you could likely have quadrupled that $700 between fines, increase in ins. payments, damage to the other car and your own - believe me, I know.

Also, regarding the $700 I agree that it's in your best interest to pay it asap and get them off your back. BUT, if you can't afford it right away and they won't take a payment plan, then let them take you to court. Either you can save the $700 and settle right before/at the hearing OR you will just be put on a payment plan there.

If you don't have it, you don't have it. Court won't be able to change that, no matter how livid the other driver may be.

Good luck, I know how it is. Sometimes we have to learn things the hard way.

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#48 of 57 Old 07-04-2009, 09:18 AM
 
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My dh was recently in an accident and he didn't have insurance. You are so lucky the police weren't called or you could likely have quadrupled that $700 between fines, increase in ins. payments, damage to the other car and your own - believe me, I know.

Also, regarding the $700 I agree that it's in your best interest to pay it asap and get them off your back. BUT, if you can't afford it right away and they won't take a payment plan, then let them take you to court. Either you can save the $700 and settle right before/at the hearing OR you will just be put on a payment plan there.

If you don't have it, you don't have it. Court won't be able to change that, no matter how livid the other driver may be.

Good luck, I know how it is. Sometimes we have to learn things the hard way.
I wonder if they would have your wages garnished? And if they took yo uto court, chances are very likely your $700 would go up quick with court fees, lost time at work, etc. If they take you to court, they probably wont be interested in being nice and saving you any money.
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#49 of 57 Old 07-04-2009, 10:53 PM
 
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I don't understand. Here in PR, insurance is on the car, not on the driver. I was in an accident in a parking lot (I opened the door to my car, which hit the car that was entering the space next to me. It was "my fault".) I had an expired license, and the accident was covered. So I have a hard time understanding the insurance on the driver deal.

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#50 of 57 Old 07-05-2009, 09:59 AM
 
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I wonder if they would have your wages garnished? And if they took yo uto court, chances are very likely your $700 would go up quick with court fees, lost time at work, etc. If they take you to court, they probably wont be interested in being nice and saving you any money.
I am sure having your wages garnished is a possibility, but at least in my area that only happens after you've not kept up on your payment plan and you are dragged back to court. Court fees here are around $30.

I agree with everyone that paying it off asap is the best, but if someone doesn't have that money they don't have it and thank goodness there are other options.

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#51 of 57 Old 07-05-2009, 12:14 PM
 
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I've also never heard of having insurance on *yourself* as a driver vs having insurance for your car. I thought it was always for the car (in Qc) and there's a line in the insurance papers about "guest" drivers being covered. However, if someone uses the car often, they should be listed as secondary drivers.
that's the way it works in Alberta & Saskatchewan. It may be different in Quebec, but if her mom had "occassional driver" as part of her insurance policy then there is no reason why her mom's insurance won't pay for it unless they're just trying to get out of paying it.
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#52 of 57 Old 07-05-2009, 12:34 PM
 
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Perhaps your mom would lend you the money and you can pay her back.

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#53 of 57 Old 07-05-2009, 01:17 PM
 
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Here the insurance is also typically on the car, and all persons over X age who drive your car with your permission (typically 21 or 24 years of age). This is why as a teenager my mom had to add me to her insurance as a secondary driver but now I'm not listed there and I can still drive it.

The price sounds reasonable to me also - we had a similar incident where one of my doors needed body work and repaining (the other person's fault though as we were driving on a road). The estimate I got (on a Sunday, only one place open) was $1200 and I insisted they pay the full amount before the 24 hr deadline to report to the police was up. Unfortunately I didn't know these people at all and I didn't want to be left with no money to cover the damages and past the deadline to report. Personally I wouldn't have taken payments, but you can consider having a written contract spelling it out if they agree to it. We did both sign a statement saying they would not be liable for other damages, etc. once they paid.
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#54 of 57 Old 07-06-2009, 05:41 PM - Thread Starter
 
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In the end, I scraped together the payment by not paying utilities and delaying paying childcare; I also had my boss draft a release and discharge for me, stating that once the damages were paid for, that the other party wouldn't be making any insurance claim or wouldn't go after me for other damages. The old couple weren't happy to see me arrive with the discharge papers but signed them while grumbling. Maybe I stuck a wrench in their plans or something....

AND I also got covered under my mother's insurance as an occasional driver.
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#55 of 57 Old 07-06-2009, 06:52 PM
 
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In the end, I scraped together the payment by not paying utilities and delaying paying childcare; I also had my boss draft a release and discharge for me, stating that once the damages were paid for, that the other party wouldn't be making any insurance claim or wouldn't go after me for other damages. The old couple weren't happy to see me arrive with the discharge papers but signed them while grumbling. Maybe I stuck a wrench in their plans or something....

AND I also got covered under my mother's insurance as an occasional driver.


I would contact your utilities and ask for a payment plan. I had to do this my first summer electric bill in Texas.

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#56 of 57 Old 07-06-2009, 07:34 PM
 
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Glad to hear it all got worked out!
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#57 of 57 Old 07-06-2009, 07:46 PM
 
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PPs, I'm in Ontario and we do not buy personal driving insurance. It's by the car! I can drive just about anyone's car unless they've explicitly excluded others from driving, and I don't know a single person who has. The vast, vast majority of people have insurance that covers occasional drivers that do not live with you. Anyone licensed to drive can drive my car that sits in my driveway. The issue becomes that if that person has an at-fault collision while driving my car, my insurance can increase if that driver does not have a policy on her own vehicle. That is to say, someone has to be penalized...the industry will accept the accident being on someone's record--the driver's first, but if not the driver then the insured vehicle owner. The at-fault is of course on the driver's record, and as soon as that person owns a car or is insured on a plan, any rate premiums are added to that plan.

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