A small car accident
Get Legal Help Today
Secured with SHA-256 Encryption
A small car accident
I had a small car accident; the other car’s damage was more than mine. When the police officer came he decided not to
report it since we said we will handle it. We exchanged information and the stated that we were both at fault. He’s
going to call me tomorrow and I don’t know anything about what my next step would be. I don’t want to report this
to my insurance but I also don’t want to be responsible for his damages since we were both at fault.
Asked on April 1, 2016 under Accident Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If he demands money from you, your choice are:
1) agree to pay;
2) try to negotiate something you are wiling to pay;
3) refuse to pay.
If you refuse to pay, then if he sues you, you'll have to then settle or defend the case; if he sues you and can prove your fault, he can get a monetary award against you (a "judgment").
You, of course, are also free, if you think he was at fault, to demand compensation from him and/or, in negotiating, try to offset what he may owe you vs. what you owe him. If he won't pay or give you any credit, you can wait until he sues you, then put this in as a counterclaim, or you could start your own suit vs. him.
Note that if you wait too long to notify your insurer, you will most likely be unable to take advantage of any coverage: policies generally include a clause or provision requiring you to provide timely notice of claims, so if you don't, you are in breach of your obligations to the insurer--and that breach can justify them in not paying.
As to what to do: it depends how much they are asking for, and if you'd rather pay it and be done than potentially go through litigation. If you do agree to pay, have him sign something that this settles all claims arising from the accident and that he cannot sue you for the accident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.