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Ray
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Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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If I have a fender bender whre I have cause some minor damage

Customer Question

If I have a fender bender whre I have cause some minor damage to another car and do not want to go through my insurance does this still show up with the DMV on my driving record if we must settle in small claims court.
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.
Thanks for your question.If ther was no ticket here than probably not. Small calims is for civil disputes here. Although unless you want to pay why not reprot to insurance here.

They cover your losses here and they have to defend you in court under the terms of your coverage. So you would want your insurance involved here to represent. But if you didn't report it to insurance and no tickets likely DMV not involved. But you would have to pay the judgment here if you loose..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.




Customer: replied 5 years ago.
There is no ticket. She has only liability insurance and I have not given her any of my insurance infromation becuase I do not intend on going through my insurance. Even if I have to pay $2000 the insurance cost will be higher than that over the 3 year period it takes to "erase" something from my driviing record. So I want to be clear with NO TICKET and even tho she might try to go through her insurance she cannot get to my insurance or my driving record?
Expert:  Ray replied 5 years ago.
Well if she had a lawyer here they can get your insurance information through civil discovery in the small claims case. You run the risk if this turns into something bigger here than small claims that they won't cover you since you didn't report it to insurer.

But you can pay the judgment here if you loose and probably keep the insurance out of it. And she may not win here. I guess the thing I wonder abot here is that if you had reported it likely they wouldn't have paid and they woudl defend you for free here. Your rates won't go up unless they pay here and they probably wouldn't have..But that is your call here..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


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