What can I do about a settlement if I was rear-ended at a red light?
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What can I do about a settlement if I was rear-ended at a red light?
The person at fault (he) offered to settle with cash since my car had a small dent barely visible and an imprint of his front plate screw. I had damages from a previous incident a few months before; I backed into another vehicle in the same car. He consistantly denied any fault for the prev damages to my car after I told him they were already there (obviously! but he insisted). Neither of us called the police and I did not feel good about his offer, I told him I’d much rather have his insurance information. He insisted on offering cash but still gave me his insurance information. I knew he could tell that I was very inexperienced in this situation by my age-24 years. What should I do? What steps should I take?
Asked on November 5, 2013 under Accident Law, Arizona
Answers:
Terence Fenelon / Law Offices of Terence Fenelon
Answered 10 years ago | Contributor
You can file a claim with the insurance company. However, be aware that if you had pre-existing damage to your car and you attempt to collect on the policy, you technically would be committing insurance fraud which is a crime in most states. It's doubtful that significant damage was done to your vehicle. I assume you can still drive it and you desribe the damage as superficial. As long as no one was injured, I might consider taking the cash and letting it go away. Are you really going to have the damage repaired?
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