If I had to get my car towed and it was damaged in the process but the driver just wants to pay out of pocket and not go through any insurance, is that against any laws?

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If I had to get my car towed and it was damaged in the process but the driver just wants to pay out of pocket and not go through any insurance, is that against any laws?

The accident happened when the driver had to slam on his breaks and he didn’t have one of the chains on correctly, so the back of my car slammed into the back of his truck. The company and driver don’t want to file it with their insurer because it’s his third accident and he would have to be fired if they did.

Asked on June 29, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is not against the law to resolve matters privately, without involving insurance companies. It may be against the terms of his policy, if his policy requires him to give notice of any possible claims against him, but that is not your concern. If they will not pay an amount which you consider acceptable, you can sue the driver and the truck's owner (the company) for the money, since if he was at fault, they (the at fault driver and the vehicle's owner) would be liable.


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