Dumb girl damaged my car and wants to repay in installments

I was driving and this girl turns in my lane in front of me from a driveway. As she turned in front of me she accelerated quite quickly. Moments later after joining the lane she apparently forgot something and wanted to parallel park at the side of the road. She hit the brakes and came to a quick stop about 10-15m ahead of where she joined the road. I didn't expect her to stop right after joining the lane and barely managed to slow down and crashed into the rear of her pickup truck. Her truck was pretty old but my BWM is quite new.

My car got more damage than hers.She gets down and tells me its ok making as if I'm at fault and then suggests we park somewhere! We park, she goes to collect her purse from a shop (assuming that's what she forgot) and she says I can pay her $500 for her truck and not have to have my insurance rates go up or get tickets from the cops.

I argue saying its her fault as she turned in front of me and then stopped suddenly and I hit her quite close to the stop where she came in. She then starts looking as if she's about to cry possibly to get sympathy but I insist that she pays me or we go through insurance. She agrees to pay for the repairs once I send her a quotation from any place I want and admits fault.

I got a quote for $9000 approximately and sent it to her. She responds saying its expensive and that if she had the money she'd pay. She said she's a student living on a tight budget and it would take time for her to earn enough. She said she would pay in installments over 9 months. She claims if she passes through insurance her rates will go very high and she could get a careless driving ticket and the cost would be more for her. I don't know if that's true but then again she didn't seem that bright.

I can afford to repair my car now myself but I'm not particularly rich or anything. I don't mind her paying in installments as long as she pays it all even if it takes a year or slightly more. Should I accept her installment offer? How safe is it to trust her on this? What if she does not pay the total amount? I have her contact information and insurance details and she has mine. I'm not sure if I can trust her on this, she did try to put the blame on me, she does not want to use insurance, she was acting in a way to try to make me feel pity for her by talking extremely timidly and politely and I do wonder if she's being honest about not having $9000. However if she really is as nice as she tried to seem and not just acting I don't mind her paying over a long time and if she pays on time, I could reduce the cost by putting in $1000 myself (or is that a bad idea?)

You should have went through insurance. This driver is never going to pay you. You may get a payment here and there and then you're going to hear about how she thinks she's paid enough and you're asking too much. Then it's going to turn into "..well I don't think the accident was my fault and i'm not going to pay". You'll be dealing with excuses till it's too late to make a claim.

Contact your insurance provider ASAP. You need to report the accident also.

If she reports the accident before you, good luck. Forget about trying to help her out. You're going to get burned.

Youre required by law to report any accident in which the apparent damage exceeds $1,000 to police. Youre also unfortunately 100% at fault for the accident based on insurance fault determination rules. Your insurance company would eventually be reimbursing her for the damage based on your description of the accident.

Even if she were at fault, I dont think anyone can comment on whether you should trust a stranger to pay you. I personally think youre asking for trouble if you go that route, especially for any large amount of money.

I know it sucks, especially if youll be found at fault, but Id report the accident to the police immediately. If the damage didnt initially appear that bad, you could honestly advise them you didnt think it met the $1,000 reporting threshold until you got an estimate. Keep in mind that she might eventually decide the payments are too much and go through insurance anyways. Once the insurance company finds out, theyll notify police and then you could be facing a charge of failing to report an accident (about the most serious charge you can get in the eyes of insurance companies).

bend wrote:

You should have went through insurance. This driver is never going to pay you. You may get a payment here and there and then you're going to hear about how she thinks she's paid enough and you're asking too much. Then it's going to turn into "..well I don't think the accident was my fault and i'm not going to pay". You'll be dealing with excuses till it's too late to make a claim.

Contact your insurance provider ASAP.

I don't know I did ask her multiple times and she said she would pay and she admitted fault quite quickly. The insurance companies would correctly see it as he fault as she turned from a driveway and not as my fault thinking she just stopped to park I hope?

Its been a while since the incident. Up to when I have to report to insurance? My car also already had some damage in the same place before this but she does not know about that and the damage from this accident is more.

It is a.complicated situation as someone gave me doubts telling me insurance could see it as my fault as she had already turned in the lane completely.

However the way I see it is I can't expect a car to start hitting the brakes just 10m ahead of where it joins.

Stanton wrote:

Youre required by law to report any accident in which the apparent damage exceeds $1,000 to police. Youre also unfortunately 100% at fault for the accident based on insurance fault determination rules. Your insurance company would eventually be reimbursing her for the damage based on your description of the accident.

Even if she were at fault, I dont think anyone can comment on whether you should trust a stranger to pay you. I personally think youre asking for trouble if you go that route, especially for any large amount of money.

I know it sucks, especially if youll be found at fault, but Id report the accident to the police immediately. If the damage didnt initially appear that bad, you could honestly advise them you didnt think it met the $1,000 reporting threshold until you got an estimate. Keep in mind that she might eventually decide the payments are too much and go through insurance anyways. Once the insurance company finds out, theyll notify police and then you could be facing a charge of failing to report an accident (about the most serious charge you can get in the eyes of insurance companies).

The damage did not appear that bad but its a bmw . Are you sure it would go as my fault with insurance? She did turn in from a driveway and stop suddenly so isn't it like not checking and hitting a car with right of way. If insurance won't see her at fault I'd rather accept her proposal. I do know this person before actually not that well but I've met her in the past.

Honestly if she were to pay me I'm fine with it we could then treat it as not an accident but intentional collision or something. Other Garages quoted less.but its all more than 1k. What if I make a separate quotation for fixing only headlamps and another for fixing the rest. Then if something happens I'll claim she only busted the lamp and the car was already damaged?

andrew94 wrote:

The damage did not appear that bad but its a bmw . Are you sure it would go as my fault with insurance?

When you strike a vehicle from behind you're considered 100% at fault. If the collision had occurred while she was still pulling out of the driveway fault would have been assigned to her.

andrew94 wrote:

Honestly if she were to pay me I'm fine with it we could then treat it as not an accident but intentional collision or something. Other Garages quoted less.but its all more than 1k. What if I make a separate quotation for fixing only headlamps and another for fixing the rest. Then if something happens I'll claim she only busted the lamp and the car was already damaged?

You can't call it an intentional collision and negate your responsibility to report it. And lying about what damage she caused is outright fraud, something nobody on this forum is going to condone or recommend. You'd be risking insurance cancellation and criminal charges.

Stanton wrote:

andrew94 wrote:

The damage did not appear that bad but its a bmw . Are you sure it would go as my fault with insurance?

When you strike a vehicle from behind you're considered 100% at fault. If the collision had occurred while she was still pulling out of the driveway fault would have been assigned to her.

andrew94 wrote:

Honestly if she were to pay me I'm fine with it we could then treat it as not an accident but intentional collision or something. Other Garages quoted less.but its all more than 1k. What if I make a separate quotation for fixing only headlamps and another for fixing the rest. Then if something happens I'll claim she only busted the lamp and the car was already damaged?

You can't call it an intentional collision and negate your responsibility to report it. And lying about what damage she caused is outright fraud, something nobody on this forum is going to condone or recommend. You'd be risking insurance cancellation and criminal charges.

Honestly actually my car was already damaged on similar parts. She did increase the damage but if your bumper is slightly smashed or extremely smashed you still have to replace a bumper. The damage she added was cracking the headlight covers. The cost of replacing that is less than $1000.

Concerning fault if someone just pulls in and the moment they enter the road you hit them its their fault. I know this wasn't exactly like that but it was still very close to the place she entered in. Had I not braked at all I might have hit her or come dangerously close even if she had not stopped. I did slow down to let her enter but started speeding up the moment she already entered but then she braked.

Why would she herself admit fault so readily if she isn't?

andrew94 wrote:

Honestly actually my car was already damaged on similar parts. She did increase the damage but if your bumper is slightly smashed or extremely smashed you still have to replace a bumper. The damage she added was cracking the headlight covers. The cost of replacing that is less than $1000.

Concerning fault if someone just pulls in and the moment they enter the road you hit them its their fault. I know this wasn't exactly like that but it was still very close to the place she entered in. Had I not braked at all I might have hit her or come dangerously close even if she had not stopped. I did slow down to let her enter but started speeding up the moment she already entered but then she braked.

Why would she herself admit fault so readily if she isn't?

You can't be selective over what damage she caused to avoid reporting the accident and then turn around and say she's responsible for all repairs. It's fraud, plain and simple.

In terms of fault, I'm referring to the Ontario Insurance Fault Determination regulation. While I might not agree with the fault assignment in all scenarios, insurance providers follow it to the letter.

Stanton wrote:

andrew94 wrote:

Honestly actually my car was already damaged on similar parts. She did increase the damage but if your bumper is slightly smashed or extremely smashed you still have to replace a bumper. The damage she added was cracking the headlight covers. The cost of replacing that is less than $1000.

Concerning fault if someone just pulls in and the moment they enter the road you hit them its their fault. I know this wasn't exactly like that but it was still very close to the place she entered in. Had I not braked at all I might have hit her or come dangerously close even if she had not stopped. I did slow down to let her enter but started speeding up the moment she already entered but then she braked.

Why would she herself admit fault so readily if she isn't?

You can't be selective over what damage she caused to avoid reporting the accident and then turn around and say she's responsible for all repairs. It's fraud, plain and simple.

In terms of fault, I'm referring to the Ontario Insurance Fault Determination regulation. While I might not agree with the fault assignment in all scenarios, insurance providers follow it to the letter.

Thanks for the advice. I want to call her and explain the situation. So legally if I take $1000 from her only there is no problem? To be completely honest, the parts on the car that got damaged with this collision were mostly already damaged. And yes I was trying to get her to pay for the whole thing.

Which is better taking $1000 from her and paying the rest myself or passing through insurance and police? I seriously though she was at fault as its as if she merged in the lane but I get your point.

I will phone her and explain the law about the $1000 police reporting rule and since she does not want it reported, she would have to pay me only $1000 and only if she felt she wanted she could gift me the rest of the cost but if she doesn't want to its fine.

Thanks. I do not want charges resulting from this. Her car has very little damage.

I can't believe what I'm into because this dumb chick's driving, she just stopped unaware of her surroundings and I had to slow down to let her enter in the first place. I don't know why they are so airheaded and don't consider driving seriously. Today also I almost hit a girl merging onto the highway.

Wow, it's crazy day on the boards. Nothing like changing your story depending on the replies you get. So let me get this straight: you initially were trying to scam the other driver out of repairing things that were already damaged. Now you think you're at fault your claim miraculously drops to EXACTLY the amount you can claim without reporting it to the police, which you should have done. On top of that, you have been shown to be at fault 100% but still want to make her pay.

I only wish I had her e-mail address !

argyll wrote:

Wow, it's crazy day on the boards. Nothing like changing your story depending on the replies you get. So let me get this straight: you initially were trying to scam the other driver out of repairing things that were already damaged. Now you think you're at fault your claim miraculously drops to EXACTLY the amount you can claim without reporting it to the police, which you should have done. On top of that, you have been shown to be at fault 100% but still want to make her pay.

I only wish I had her e-mail address !

How am I changing my story? I was trying no such scam. The same parts that had been damaged got further damaged. i.e it was deformed and this deformed it in another way.

Things are different as she readily admitted fault and agrees that she should not have stopped right after turning ahead of me. If she was ahead for ages I'd understand but she cut in front of me and then I hit her.

I'm not hiding anything from her.

I just phoned her, and told her about the $1000 rule and that we made a mistake by not reporting it and that if we go now we could get a failing to remain ticket. I told her my car already had some damage and explained that the same parts got more damaged but the extent of deformation was much less before. I proposed that she pay me $1000 as if that is the additional damage she caused. I mentioned if she felt she was responsible she could voluntarily contribute more but it was not legally required as she extended the damage by $1000. I also agreed to send pictures of how it was before this accident which she requested.

And yes I did think I'd get a completely fixed car from her and benefit but I am not going to do that and its not possible. I am being honest with her. And I do consider it as if she came in the lane too slowly and I could not stop in time. She agrees with this and did agree since I first told her she was at fault.

It is clear driving into a lane without right of way too slowly is a stupid thing to do. If she disagrees and wants to report it I'm fine with that and told her we could but might both get failing to remain. She said she'll think about it but it seems like she likes my proposal of $1000 and paying more if she feels she wants to gift me sort out additional damages from the previous accident.

Also I have a friend who got rear ended twice and the first insurance company ended up fixing everything and there was confusion when the second claim went through. The damage was to the same parts.

andrew94 wrote:

Are you sure it would go as my fault with insurance?

Stanton is correct. I misread your story about the other driver pulling out and skimmed through the part where you hit her square on the rear. I'd assumed you clipped her as she pulled out.

Insurance Fault Determination is there for many reasons. One reason being that everything is treated equal. Another reason is to avoid he said/she said squabbles. You can say "she pulled out in front", and she'll say "I proceeded straight after making a right, slowed down to make a left, and the driver from behind hit me". At that point they just look at the evidence in front of them. If you hit someone square from behind, you are at fault. The assumption is that you are driving too close to the vehicle in front. Had you at least clipped a rear side fender, it would be a completely different outcome.

It still doesn't change the fact that the accident needs to be reported.

You absolutely are scamming. Had she pulled out a cheque book and paid you $9000 on the spot you would have taken it and even arranged for her to pay that full amount. Only when we tell you that you can be charged do you suddenly change your story to that fact that she only caused $1000 of damage. If the proceeding is true, and it's a huge if, how do you know that the new damage was exactly $1000. Did you have a quote for the previous damage that was $8000. No, of course you don't.

You're scamming her and you're making things up to avoid getting charged.

If you think you've done nothing wrong then show her this thread.

bend wrote:

andrew94 wrote:

Are you sure it would go as my fault with insurance?

Stanton is correct. I misread your story about the other driver pulling out and skimmed through the part where you hit her square on the rear. I'd assumed you clipped her as she pulled out.

Insurance Fault Determination is there for many reasons. One reason being that everything is treated equal. Another reason is to avoid he said/she said squabbles. You can say "she pulled out in front", and she'll say "I proceeded straight after making a right, slowed down to make a left, and the driver from behind hit me". At that point they just look at the evidence in front of them. If you hit someone square from behind, you are at fault. The assumption is that you are driving too close to the vehicle in front. Had you at least clipped a rear side fender, it would be a completely different outcome.

It still doesn't change the fact that the accident needs to be reported.

As I myself admit what you mentioned she said is correct but she went straight for a small distance only. So if I purposely cut people off such that they hit squarely behind, they are at fault?

If she pays $1000 or less it does not need to be reported

argyll wrote:

You absolutely are scamming. Had she pulled out a cheque book and paid you $9000 on the spot you would have taken it and even arranged for her to pay that full amount. Only when we tell you that you can be charged do you suddenly change your story to that fact that she only caused $1000 of damage. If the proceeding is true, and it's a huge if, how do you know that the new damage was exactly $1000. Did you have a quote for the previous damage that was $8000. No, of course you don't.

You're scamming her and you're making things up to avoid getting charged.

If you think you've done nothing wrong then show her this thread.

I was actually the one initially for reporting and she wanted it solved by agreement. Now we both want to settle without reporting. She herself considers she made a mistake stopping so suddenly. I do not want to do illegal things. I have images of how it was before. In terms of additional parts damaged there is only the headlight cover and a metal part on the side, fixing those only would come to a lot less than $1000. I don't want to do illegal stuff and if its not legal I don't mind even not taking money or paying her the small amount for her car. Neither of us want to report it so late.

So therefore I say again: you tried to scam her out of over $8,000 by getting her to repair things that were already damaged.

You've gone from wanting $9,000, to wanting $1,000 to not wanting anything to being willing to pay her in the space of this thread.

At this point I think you cut your losses and just go your separate ways.

argyll wrote:

So therefore I say again: you tried to scam her out of over $8,000 by getting her to repair things that were already damaged.

You've gone from wanting $9,000, to wanting $1,000 to not wanting anything to being willing to pay her in the space of this thread.

At this point I think you cut your losses and just go your separate ways.

That is because I genuinely thought she owned me that and learned things along the way and did not know of the 1000 rule and nor did she. I'm asking this stuff so I can do what is right.

She is very nice and corporative with me on the phone. I will find out about the fault stuff for sure and let her know that insurances might find me at fault as she initially thought. I have already told her there was previous damage and sent the photos. If I owe her money as she initially demanded I will definitely pay. I have enough funds and its not a problem for me.

And I feel bad for calling her a dumb driver now. I did provide clear information and agreed that she did join the lane and stop a little bit later. Its not to hard to meet her as we live in the same apartment building and go to the same university. Believe me I have no intention of scamming I want to do the right thing legally and neither of us want to report it. I did think there was a loophole in which of two accidents damage the same area the last claim fixes the whole thing.

If I'm at fault truely then she deserves to get the funds for her vehicle from me which won't be much anyway by what I saw and her vehicle is old.

I still don't know how it works with 2 accidents in the same place. Like since it was already damaged only the headlamp and a metal part which were intact got damaged and the other parts were already damaged but deformed more. Had my car been perfect those other parts would be damaged in this accident only. If this passed through insurance would they fix just the headlamp if they knew of the previous damage?

andrew94 wrote:

If she pays $1000 or less it does not need to be reported

That's completely incorrect. It's not how much you decide to spend on repairs that determines if it's reportable, it's how much apparent damage there is. If the total damage (that means both vehicles combined) is $1,000 or more it MUST be reported by law. The damage to your vehicle alone makes it reportable, plus whatever damage occurred to her car.

That's ok. The next post will say that the damage to his car was $949 and $50 to hers so he's ok.