INSURANCE - HOW THIS WORKS
If you hit someone and you have insurance, the insurance is liable for the judgment that they'd get against you if they sue you (in limited amount, but usually pretty high). Ergo, to avoid paying out huge sums from a judgment where their driver (i.e. you) is likely responsible, your insurance company likes to settle the claim to avoid litigation
. Once an agreement is reached, they sign a release and waive your rights to sue in exchange for the payout.POLICE REPORT - SMOKING GUN, OR LACK THEREOF
When someone gets into an auto-accident, the police often make out a report. The report itself does not arbitrarily decide who is at fault in Court, however, the police officer's initial determination and any criminal court's decision thereafter works as a "smoking gun" in CIVIL court, strongly influencing the evidence in the favor of the party who was not at fault.
Here, there was no police report, ergo, the matter has no such evidence - it is her word against yours.
Also, both of you have insurances. So if either of you made a claim, then the insurances would butt heads and decide who is MORE LIKELY to win if this went to court, and then the other insurance party pays out to avoid litigation.YOUR SITUATIONIf they decide after the fact to go though insurance what will I face due to the fact that I already had my repairs started?
Nothing really. The insurances will battle it out amongst themselves to decide who is likely to be more liable and then one company will decide to either pay the damages to the other, or, some other amicable solution will be decided. What will my insurance company say to that? I might ad that she said she had just had an accident 2 weeks earlier and had not reported that either.
This happens all the time. Your insurance company will likely make your report out as though they are at fault, and may deny them the claim. Then, it would be up to them (or their insurance company) to hash out a deal.... it would be out of your hands. I'd like to think that they are decent people. They called my today and said they errrr going to take the car for an estimate. I'm now worried about the fact that u got my car repaired without reporting it to insuance. Advice?
state that you may wish to let your insurance know of this and allow them to do what they do best. But, if it understandable from what you state that you may not wish to - raising deductible, etc.
Ergo, you may wish to contact them directly and bargain with them to make payment - but in exchange - for them to DROP any and all claims and never pursue any matter. See release below:Release
(PARTY ONE) and (PARTY TWO) agree:
WHEREAS, certain disputes and financial transactions have occurred between the parties hereto, and, WHEREAS, they desire to amicably resolve these disputes and acknowledge the extinguishment of any and all debts, obligations, and liabilities of any kind between the parties, IT IS AGREED:
That in consideration of this agreement, the parties mutually release one another from all claims of any kind whatsoever with regards to _________________ from the beginning of time to the date of the execution of this agreement including but not limited to civil action, criminal complaint, and/or an insurance claim with either party’s auto insurance, and that this mutual release shall be valid and binding and insure for the benefit of the heirs, successors and assigns of both parties.
This release shall only become considered binding upon (1) the transfer if $___ from PARTY TWO to PARTY ONE and (2) both parties signing the agreement.
If they agree to this, and an amount is reached, then you can simply pay them and the whole matter would be dropped; they would be barred from ever bringing this up in any way.
I hope this helps and clarifies.
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