Question:
I was on a trip out of state when I got into an auto accident. The police wouldn't file a report and we just exchanged information. I'm pretty sure it is a double fault accident, but to avoid going through insurance, I'd rather just assume fault and pay for it myself. It's minor damage and I can afford just paying for it more than I could afford paying for the spike in insurance. What should I do?? How can I make sure that he won't file anyways after I have payed for the repair costs?
Answer:
You should consult an attorney...
When I read this I thought for sure it would be just a insurance claim. An attorney sometimes will give you free advice if you call on the phone.
Call your insurance agent.
You should get a written statement from him saying that in exchange for your payment, he releases you from any and all liability and future claims against you related to the accident.
First off, not having a police report isn't good. Second, why would you admit fault and pay for it. Was it on private property? Who was cited? There is usually no such thing as a double fault accident. There could be some sort of contributory negligence (you 60% and the other person 40%.). Either way, I would never admit fault and pay. You should have gotten a police report.
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