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I am unisured and I had backed into a driver that was behind…

I am unisured and...

I am unisured and I had backed into a driver that was behind me. Since I'm unisured, I had offered to pay their insurance deductible but the driver decided not to file a claim. The driver wants me to cover the damages for the bumper which is fair. Now, I get a call regarding a claim was reported on my policy. The driver told me to ignore those phone calls from the insurance adjuster. Is there anything I can do to protect myself from being taken advantage of? I will add that this is my only incident I've been in.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

The only infprmation that I know of is a claim was reported on my policy.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A police wasn't filed at the time of tge incident and this happened February 8th.

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Answered in 5 minutes by:
3/13/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,329
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Customer reply replied 5 months ago
Messaging will work for now.

Be aware, if you are legally at fault, you owe the entire amount of the damages and even if it went through insurance, the insurer is going to come after you to recover whatever it paid out.

Because of the penalties for driving without insurance, it is probably better to settle this quietly, without the insurance company being involved.

You have a couple of choices. First, you can demand that the other driver get three estimates before you pay anything.

The other choice is to not settle and require them to sue you and prove your liability and their damages, which would probably motivate them to just put the claim through their own insurance.

Either way, if you do settle, it is very important that you get a signed release form the other party, when they are paid, so that your liability is closed out and you can not be sued.

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 5 months ago
They have involved their insurance company but is being dishonest that they have. Even though the insurance is involved and I cover the damages, should the driver also sign something as well to protect myself?
Customer reply replied 5 months ago
I just wouldn't want to pay for the damages and have the insurance company telling me I owe more.

If you get a release then you will be protected from future action by the insurance company, acting on behalf of their insured.

If the insurance company pays out then you are not going to get a release unless you pay the insurer.

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Customer reply replied 5 months ago
Okay. Thank you so much. You've been helpful.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,329
Experience: 30 years experience representing clients.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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