Got Rear Ended.. Need Advice
 

Well, just got rear ended by a Nissan Sentra and the damage isn't pretty. Rear bumper and my catback exhaust definitely needs to be replaced, the tips at least. The trunk got hit too, doesn't really open/close properly anymore.

The girl who hit me seems nice enough, said sorry a bunch of times and looks young, might be her first accident. She mentioned she wants to settle outside of insurance which I said I would bring it to a body shop first and then get back to her.

Anyway, is it legal or are there any repercussions if I decide to settle outside of insurance? Is it even possible to get an accurate quote with all the damage from above? I'm thinking that if the exhaust tips got bent, it's possible the damage could've traveled up beyond the bumper, in which case the damage could be much more extensive than meets the eye.

Any advice in this situation? I've been hit before but have always settled with insurance.

Some pics of the damage :(

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It's not illegal to do this. Go to the shop of your choice and explain to the manager that the other party wants to pay for the damage and because of this you want him to give you a very thorough estimate and to indicate on the face of the estimate that this is a 'contract price'. That way he is giving you a guarantee that he will complete the repairs for the amount of his estimate. The only risk involved is that some times a shop will find additional damage once repairs are started and the final repair cost might exceed the amount of the original estimate. By him giving you a contract price he's agreeing that, no matter what, his cost will not exceed his estimate. Looking at the pictures it's not likely there is any hidden damage and you probably will be o.k. There's also the chance that once she finds out how high the cost will be that she will decide it's more than she wants to eat and she will notify her insurance company and let them pay for the repairs.

I retired as an insurance claims manager and handled automobile insurance claims for 25 years. If you have any other concerns, feel free to pm me. Good luck.

^^ this. Also include an estimate for a rental car for the days your car will be in the shop. I've been hit from behind 5 times! ...in previous cars. Some I settled with insurance and some I didn't. The ones I didn't go through insurance on, I actually had the contract written up to state that the person who hit me would pay the invoice directly to the shop, so there were no hidden costs. In one case I forgot to include the rental car as part of the agreement, and ended up having to rent a car for 4 days (my shop actually ended up paying for the rental as a thank you for bringing them the business).

Good luck!

As Burrcold mentioned, I'd make sure that the the other party will be invoiced for the repairs directly. Don't take a check or pay for it yourself in advance.

Also make sure you take it to a shop you trust. Don't let the other party pick the shop. Some kid ran into the back of my parked Honda many years ago and the parents wanted to settle outside of a claim but only if I took the car to their friend's shop. The dude was really sleazy and was scrutinizing every little dent and paint scratch. Told em I wasn't going to let their friend do the repair and that was it.

Thanks! I was doing some googling last night, seemed like it was perfectly legally but I didn't find anything specific to CA laws. Good to know about the contract price too, I was afraid of hidden fees/changing quotes after the bumper and pieces are taken off and such.

That's a good reminder, I will need a rental since it'll probably take more than one day... wish I could take the bus or bike to work but that's not really an option for me.

Yea, definitely. In the 13 months I've had the FR-S, my window was smashed, backed into in a parking lot, and now rear ended. Both of my previous times was covered by insurance and I brought it to the same shop. They did good work and recognized me the second time (which is was just in November), so I'm planning to bring it in to them again. They seem to work really closely with the insurance and the rental company, everything by the book, so I feel good with them.


Thanks for the advice everybody! Going to the body shop today, just got off the phone with them. They actually laughed saying that everybody always first comes in thinking they'll settle outside of insurance for this type of thing, but after they hear the quote they just go through insurance.

Me personally I let the insurance handle it. That way if there are additional fee later it would be easier for the insurance to cover it and plus they can set you up with the rental. Save you from doing all the running around.

I think it going to cost more than she think, She can cover. I got side swipe a little and it cost $1,300 just to replace some molding around the door and paint. Your look like it going to cost a lot more. A lot of things needs to be done to it including alignment, frame is still straight and trunk alignment if you say the trunk doesn't close right.

OP "Got rear ended …..need advice"
Me "oh you meant your car whew"
glad you're ok but in regards to the insurance i would them handle it instead of dealing with body shop and her or her parents better to be safe than sorry. I was involved in an accident and at the scene lady admitted fault then changed her story with her insurance company,i just don't trust strangers anymore . and like they said if there is any additional fees the shop can take care of it

Sorry to hear of your bad luck.

Don't forget that you most likely still need to report this accident to the DMV even if you settle this without insurance. I forget the dollar amount, but if the damage to property is higher than this amount you are required to report this under CA law. The cost of repairs from any mild to severe collision is usually high enough to trigger this.

If you go through your insurance usually they handle the filing of this report for you.


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IF you have $750 worth of damage DMV requires you to report it. I bet once she finds out how much it will be to fix, she will rather use insurance. I would guess it will be $4K total

It is very common for at fault drivers to renege once the body shop quotes come in.

They delay delay, then insist on going to their body shop etc. etc.

Best to notify the insurance bandits. :thumbsup:

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CERBERUS

Honestly i would settle with the insurance because there are many stories of people denying the accident and refusing to pay. Many body shop hear this story all the time and from my experience i would rather settle with the insurance company.

I've had good experience with Car West Autobody, they did some privately funded work on my MR2 and my mom's Celica. Fair rates and it turned out very sharp, and they aren't going to jerk you around to get you an estimate on the spot in like 30 minutes. That said, is the girl that hit you cute? I could see some kind of encouragement on her part for not going to the insurance.

Did not know this... learn something new every day.

Yeah I ended up looking it up:

If you are involved in a vehicle accident that occurred in California, you must report it to DMV if:

There was property damage of more than $750 or
Anyone was injured (no matter how minor) or
Anyone was killed.

Each driver must make a report to DMV within 10 days, whether you caused the accident or not and even if the accident occurred on private property. Mail the completed report form to the address on the form.

The form is SR1.

https://www.dmv.ca.gov/forms/sr/sr1.htm


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omgee, so sorry to hear/see, def an 86 boo boo.sadface. Hope it gets fixed soon!

DO NOT settle outside of insurance!!! So what if she was nice and sorry, you never want to be a a situation where you have to hunt down that girl because she can't pay yet or she's broke. Buying insurance really sucks until you in that bind. It is in the best interest for both parties to have insurance settle everything, that's why its there!

Use insurance!!! Trust me... I was rear ended in my cube... went thru insurance... adjuster came over twice cause they found more damage once they took bumpers and interior totally apart. was really easy... and only cost me my deductible

Buy a policy that doesn't charge deductable for not at fault.

Up in the great white we have Gov't regulations for insurance companies so we're lucky in some ways.
In my neck of the woods it used to be that the at fault insurance paid for all damages to both cars then the gov't stepped in and now your own insurance pays for your own damage no matter who's at fault (its called no fault insurance).
Drivers get one at fault before the insurance company can raise your rates.

You have to pay much higher prices if you live in a large urban area.
A buddy of mine pays double what another pays a block away, same insurance company. similar car and driving record. :eyebulge:

Down south the insurance companies have a much more extreme varience in what they offer and how much they charge.

It always pays to shop around.

:cheers:

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CERBERUS

Whenever I get hit, my first instinct is to call the police to get a police report. Get the other driver's information.

Also, never sign anything without talking to a lawyer. You may feel fine now, but you might actually be hurt.

I was rear-ended my Senior-year of high school. My car was totaled and I thought I was fine, but a few hours later I discovered my back was really messed up. I did 2 years of physical therapy for it.

The insurance company tried to "bully" me into signing a waiver releasing them of any responsibility for the medical damages...psh!

/Rant lol

Nick C.

In South Africa the rules are as follows:

1) Report to nearest Police Station to the accident

2) Report to your insurance with all details

3) Your insurance should do the rest

Don't take pity on anyone till your car is fixed!

Been there before - sucks!!! :cry: Want to :mad0260: and kill...

PS: Never admit to guilt and keep yourself cool (unless it's kinda blatant - use your conscience...) and get all details. Keep calm - know how hard it is... :sigh:

From the looks of things just muffler, rear valence and bumper are damaged - in SA we're required to specify any aftermarket parts to ensure coverage most of the time. Does the trunk still open/close ok?

It sounds good up there, gotta move to Canada! Last time, I was backed into by another car when I was parked. Good thing I was sitting in the car, with a dash camera and was found to be not at fault. My insurance rates still went up by $57 over 6 months :mad0260:

Thanks for the continued advice everybody! I listened to you guys, ended up just filing a claim with my insurance. I talked to them yesterday and today and said that I'll be 0% at fault, so my car should be fixed up by around New Year, rental and everything will be covered.

I tried to get thing sorted out with the other driver but she kept stalling/giving excuses so I just went ahead with the claim. I mean, they might've been legit excuses with the holidays and all, but I needed my car fixed. I definitely hear an exhaust leak, plus it's been a real hassle the past few days because my trunk doesn't work.

For the aftermarket parts I have, the bodyshop says I just have to give them a receipt of it. They'll search for the part, order it directly, and it'll be billed to insurance as part of the repair. Everything should be restored to exactly how it was, including aftermarket stuff.

The only time you should not report to insurance if it is someone you know personally or you both decide you will pay for your own repairs. I have had 2 "accident" (minor) where I asked the guy if they want to call the police or be on our way. Both times we went on our way and haven't had a problem.

For a rear end with decent damage (yours), I would have call the police right away and got a report. Called insurance and report it.

The only time I didn't go insurance was a time a spun out in snow and hit a wall by myself. The other was a parking damage from a neighbor that was like $300 to fix.

Good luck OP, don't let the ***** power get to you!

I saw you driving in south SF tonight on Hickey (merry Xmas). I saw an FRS, then the damage, and now this thread. Definitely at least talk to a shop and insurance. Get both balls rolling in case one drops.

Merry Xmas to you too, sorry didn't catch any glimpses of you last night. Yea, I'm in contact with both right now. The body shop took pictures of the damage and uploaded to the insurance, I think the shop/insurance are just talking about price/repairs right now before everything is authorized for the go ahead for me to drop off the car.

I rarely get spotted even though this is my DD.. and the few times I do get spotted my car is trashed haha. Wish I got spotted/spot 86s more often but:

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