I totally agree with Supergeek and Besmart! His fault... his lesson learned, even with his company finding out... and his company definitely needs to know what happened!
I say go with your insurance company and do it the right way, especially if a new car might have to be obtained as a result of the damage!
~Jas...
I could be wrong but from his post to me it sounded like this was a small business owner who caused the wreck and wants to pay himself to save his business money.
Driver is probably an employee, who has been warned if he has another accident, he will be let go. He is engaging in CYA.
In my experience, what will happen is, he thinks it's two or three hundred dollars damage, and when he finds out it's at least ten times that amount, he will suddenly start to avoid your phone calls.
If I were your agent, and you were to call me under the same circs, I would not report it to your own insurance. I would, as a courtesy, report the claim directly to the other guy's insurance carrier for you. They will verify the circumstances, and then handle the claim if the story checks out.
That way, if additional damage (or medical bills) shows up down the road, you aren't left holding the bag. And, should you need to go through your own insurance, if it turns out the other guy has none, or they are dragging your feet, you have made a report to your own insurance carrier, in the form of reporting it to your agent, who is, literally, an "agent" of your company, in the legal sense of the word.
Also, remember, if you permit this driver to pay the claim himself, he has just become his own adjustor and legal representative, and if later you try to report it to his company to collect money for additional repairs or injuries, they will wash their hands of the affair on that basis, and refuse to become involved.
My thirty years in this business has taught me, it doesn't pay for folks to be nice.
and btw, the company's website is on the truck pictured in the photo, and lists nine locations. This is not a small business owner, it's an employee covering his bottom, and hoping no one ever needs to know.....
Report it to your agent. That's what you pay him/us for.
Never settle outside. Ever!!!! He wreck your car. Its his fault. Call his insurance company, to turn in a claim. Make your insurance company is a where of the accident too. Do you have a police report?????? He rear ended you!!!!!! You are not protected settling outside the insurance. Good Luck too you.
Police reports are pretty standardized, and will list the drivers' name & address, as well as the owner's name & address, and insurance information, if you are in a mandatory insurance state (I think all states are now anyway).
If you didn't make a police report, and you called me as your agent, this is what I'd do for you, although you can easily do it yourself, if you are still hesitant to call your insurance agent.
I would go to the website, contact the home office, and ask to speak to the risk manager, or fleet manager. I would put money on it that this driver has not notified them he bumped anyone. He's hoping against hope you will go away.
The risk manager is not going to know anything about it, and will get your information, and then speak to their driver prior to reporting it to their insurance. Be sure to let them know you have photos, because there's a good chance the driver will deny knowing anything about you. (Brilliant you!!!!!!)
So, everyone on this board has done a very good job of convincing me NOT to settle with him, or the company directly. Thank you for the thoughtful comments and experienced lessons.
Several people suggested the employee was trying to hide what happened.
The employee is not trying to hide the accident from his work.
His very first call was to the company (while I called the police) to let them know what happened.
After we left the scene of the accident, we both went to the company parking lot to finish copying paperwork. His coworkers were there, and he called his manager to make sure he got all the proper paperwork. The insurance is through his company, not him personally.
Although he hasn't been clear about it in his communications, I think his intention is that I settle with the company, not him directly. If this is true, it means the company wants to keep it away from insurance too.
I don't understand the company's motivations for wanting to keep it off insurance, unless they already has a history of accidents. But posters on this board have made it clear that I have nothing to gain by going out-of-pocket, and insurance is there for exactly this reason.
I'm meeting with my insurance adjuster tomorrow, but am busy the rest of the week. So my next report probably won't be until Monday at the earliest.
The various insurance companies have been sending me to several different adjusters/estimators. But each one starts with, "I've never estimated a Smart Car before! I don't even know how they're put together!".
It also seems Smart has no repair manuals, very few parts/price lists, or exploded diagrams.
So each adjuster has spent considerable time on the phone with the local Seattle Smart Dealer, asking the same questions the two other adjusters are asking.
Right now, it seems likely that they will finally settle on an answer, and give me the go-ahead to start repairs on Wednesday or Thursday.
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