That is true! You don't need a police report to file an insurance claim. However, generally, it is much much tougher if the other party denies fault, then it will have to be taken to court.

In this specific case, if it's just a minor damage, go ahead and settle it privately, but WITH AN AFFIDAVIT or AGREEMENT, signed by both parties. Say something like this: "We, (names), hereby testify to the best of our knowledge...blah blah..." Sorry, I'm not in the mood of writing out the whole thing. But irregardless, include some statement saying that this will absolutely settle all damages, personal and vehicular, and release you of all faults and any future claims. Basically, this is to settle everything and release you of all future claims and responsibility. Then both parties sign and date it. With a minor damage, it's not such a big deal to settle it privately.

 

Wrong on two things here ( I think )

Without a police report, the burden of proof is on the person making the claim. Insurance companies do not receive a claim and then to to their customer and say "Prove you did not hit this person", they say to the claimant "Prove our customer hit you". And how do they do that? A police report. Short of a signed confession and video, that claim will not get paid.

Also, not reporting an accident to the DMV is not a crime. Police can refuse to take an accident report. Would they be guilty of a crime for doing that?

 

1. Police report is not needed for an insurance claim, but highly recommended. I had a guy hit me, we didn't call the police, just the exchanged the insurance. We had a "gentlemen's agreement" that it was his fault and that he'll admit it to his insurance. He didn't. He actually claimed it was my fault. But I was still able to prove that it was his fault and got the money.

2. Police report doesn't guarantee anything either. I had an accident where the other guy was CLEARLY at fault. I was able to slam on the brakes and almost avoid the accident. There was a small damage to my front bumper and his rear bumper. I still called the police. Policeman made a report that it was his fault and gave the guy a ticket. Geat a load of this: his insurance said, that because the damage was so small, they think that I could've completely avoided the accident, and that I was at least 50% at fault so they didn't want to pay. Nevermind who took the illegal turn, caused the accident and got a ticket for it. I guess I should've just ran straight into him and totalled both cars... I thought about taking them to civil court, but didn't really want to go through all that.

3. Your deductible doesn't apply for the damages paid to the other party. Your liability insurance covers that and the other party (if it was your fault) is paid all the damages with no money coming out of your or his pocket. Your insurance rate DOES go up though.

 

I've heard tons of stories like this -- even with a police report it is hard to get insurance to grant a claim...if you are in a situation without witnesses where it's one person's word against another, it is extremely difficult to get insurance to pay.


Get this...

My girlfriend is in Geico hell, because she was involved in a four car pileup where she was the third car involved. The woman that caused the pileup is claiming that she sustained neck injuries when my girlfriend's car (#3) hit the car (#2) that hit the b*tch that caused the wreck(#1). This, of course, makes no sense, but Geico is using this as an opportunity to blame my girlfriend, place her at fault and deny payment until a "full investigation"


Moral of story -- Geico sucks and even a police report may not be enough to fulfill a claim, nevermind a claim without one.

 

well, i was hit by people twice, and both times, i did it privately.
but first one, that guy just refused to get my calls and damage was really hard to see so i didn' bother to get all the specific information.
since then, i coudln't do anything.

and, couple weeks ago, another guy hit me again, this time damage was pretty much obvious, but that guy was really poor and he was in company car, so i decided to do it privately again. but i wrote down every single things, plus i wrote a sort of document that says it was his fault and he is agreed to pay privately with signature.
and then yesterday, upon my estimate, he gave me cash and im happy now.

just don't forget to write down every single information, cuz every incident is over, its hard to obtain anymore information since it was done privately. and if u have all the information, and you want to report the accident, you can file a suvinior accident report with information at local police station where accident happend.

 

Whoever said not reporting an accident to the DMW was not a crime is wrong. In CA it depends on the cost of the repair ($1500 limit IIRC?) or if anyone was "injured." Exceed that price or have an injury and, yes indeed, you are required by law to file a report. Look up the FAQ files for your state's DMV to be sure. In this case the damage is so low it doesn't sound like an issue. I've done it privately once before myself. It felt like a Win-Win to me.

 

well i paid him this morning but first made some sort of document and had him sign it...


I hereby accept the transfer of payment of $300.00 (Three hundred dollars in form of a check) as sufficient, just, and final compensation for any and all damages that occurred during the collision on March 4, 2005 at roughly 2:55 pm between my automobile and the automobile operated by (me) at the time of the collision. By accepting this payment and signing below, I acknowledge that (me) is no longer responsible for any damages that occurred during this collision and is free from any and all liability

went smoothly, understood the whole young guy and insurance rates thing, so i guess its ok

 

[QUOTE=Penforhire,Mar 11 2005, 01:48 PM] Whoever said not reporting an accident to the DMW was not a crime is wrong.