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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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Ok so I hit someones bumper, my fault. I dont have insurance

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Ok so I hit someones bumper, my fault. I don't have insurance but they do. Her car insurance called me the next day asking for basic info. A couple days later the car owner called me and said she didn't want to go through the insurance company because it would take her too long to receive her deductible back. She said she was going to pay the deductible to allstate and get the car fixed but not go after me I guess, I don't really get it, as long as I pay her back for the deductible. Would I still owe something to allstate afterwards or would I actually be able to walk away from something like this?
Welcome! Thank you for your question.

Even if you the woman for the deductible that she requests she cannot release you from your liability to Allstate for any amount they pay for the repair. Allstate can, and likely would, still go after you if they pay something out for the repair. The only way that you need to pay anything is to get a release from both Allstate and the women for any payments you make.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Customer: replied 4 years ago.
so the only way to leave the insurance company out of it is to not deal with them at all? I pay for the repairs and she never claims it?

That is correct. If they pay for anything then they have a reimbursement claim against you.
Customer: replied 4 years ago.
i saw some article on the internet that said if the insured had a rider then i would only have to pay the deductible. what does that mean? Isn't that like what she wants to do?
She may only have to pay the deductible if she has an Uninsured motorist rider. However, that does not prevent the insurance company from going after you. They can still choose to sue you for reimbursement if they think to have money to get if they win.
Customer: replied 4 years ago.
While I know there is no way to actually know this, if you had to guess, if I did decide to let the insurance company handle it could I just deal with them or would I have to go to court? What would go on my record? See I really don't care who I have to go through, I just want to avoid court because I can't afford to have a criminal record
This would not be criminal. The only crime that occurred is if the police were at the scene and cited you for driving without insurance.

However, you could certainly settle with the insurance company out of court. That is assuming that you can agree on the amount that you would have to pay for the repair. if you cannot agree they will have full right to file a Civil suit.
Customer: replied 4 years ago.
the police officer who we reported the accident to said that if it goes to court I will get cited the "driving without insurance" fine regardless. He said the reason he didn't cite me then was because the accident happened on private property. So hypothetically, if i do get cited what would that do?

To my knowledge the citation would just be a drivers license violation and would not be something that shows up on your "criminal record."

However, this is a criminal question. I would suggest you post the question of criminal traffic violations for the criminal law experts to answer. I am a civil law expert.

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