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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 33201
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I was rear ended 2weeks ago in my brand new car, not much

Customer Question

Hi I was rear ended 2weeks ago in my brand new car, not much damage done scratches and a dimple I did not go through our insurance companies because the woman who hit me begged me not to she was distraught. So she signed a letter saying she will fix my bumper and sent me to a reasonable mechanic. The mechanic explained it would take 2 business days to fix my car they do not work on weekends I have 2 jobs I need my car on the week days to get back and forth to work! I live paycheck to paycheck. At 1st the woman who hit me asked if I would wait until she got back from vacation and she would meet me at a rental car place and pay for my rental car putting down the holding fee, now she's telling me she will not put down the holding fee I'm gonna have to figure it out not having a car for 2 days or put down the holding fee myself and she will pay for the rental car for 2 days only! I don't have 400$ for the holding fee she can just give me the cash and I will give it back pon return of the rental car, she says her attorney? Said she is not liable for my way back and forth to work and the insurance company will only pay 36$ a day per rental car. Attorney? And we never even called the police and reported this accident to the insurance company!!!! I want to go through the insurance company now I want to know would this be a good idea? Is it too late? Or should I just let her pay for the damages she did to my brand new 2016 car and thumb it to both my jobs? I need a answer I am perplexed
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Realistically, do you actually think that someone who was begging you not to go through your insurance is talking to an attorney about this? It didn't happen. And what she is telling you is completely wrong. She is liable for your damages to the car as well as providing you alternate transportation until your car is repaired. You may come to find out that she doesn't have insurance in force and that is why she wanted to avoid calling the police and filing a report..There is nothing wrong with contacting your insurer to file a claim now because that is your option, not a requirement, and you have the right to try to settle things prior to getting the insurance company involved...thanksBarrister
Customer: replied 6 months ago.
Mr Barrister, thankyou there is more to this story she never disclosed the info that she is a clinical psychologist? She pretended to be a poor little desperate housewife she said her niece is a lawyer smh I just don't want my insurance rates to fly up! She making me seem as though I'm some sort of extortionist! And I'm not I simply said I make 130$ a day for 2 days I will stay home call out and she didn't have to worry about my rental car for 2 days I really just want my car fixed at a appropriate time for me it was last week she conveniently went on vacation and she's telling me oh well I have to work it out I didn't hit her she hit me and says she doesn't have to do a thing! I need solid advice on what to do! I'm in new Jersey if you believe and advice me to call my insurance company and hers I have all her info I will if you really think I should just bite the bullet and stay home don't get paid and take the car to the mechanic and chalk this up as lesson learned I will do that please give me a solid answer
Expert:  Barrister replied 6 months ago.
You are very welcome...she never disclosed the info that she is a clinical psychologist? .Legally what she does for a living isn't really relevant to the situation from a liability perspective...As for calling your insurance and filing a claim, that is entirely up to you, but you have the legal right to do so. Or you could sue her in small claims court for the damages and for what it costs to rent a car for a couple days and pursue her civilly. .But I definitely wouldn't eat the loss and damage myself because you are completely in the right here... thanksBarrister