Rear ended by somene-they want to pay out-of-pocket, then changed their mind and question costs

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Rear ended by somene-they want to pay out-of-pocket, then changed their mind and question costs

I was rear ended. The other driver offered to pay without involving their insurance. I got several estimates and provided them to the driver. The cost was higher than I would have thought, but the estimates were complete. The other driver claims some of the damage was pre-existing and is disputing the estimates. The driver has not contacted their insurance. I forwarded their insurance info to my insurance company along with “self reporting” report, and the estimates. Can my insurance force the other driver to pay or force their insurance to pay? What are my options?

Asked on April 21, 2009 under Accident Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If you have collision insurance your carrier -- which owes you a duty of good faith -- will pay the claim and/or arrange to have the car repaired, perhaps at a garage where it has a special discounted deal -- less the deductible.

It will then file a claim with the other driver's insurance company and the 2 companies will resolve it. If the other driver failed to report the accident it may take longer, and his company may try to avoid covering the loss or go after him, but when it does pay you'll get most of the deductible back.


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