Got Rear Ended.. Need Advice

[cdo221]

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

[whaap]

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.

[Burrcold]

^^ 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!

[Pwolf]

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.

[cdo221]

Originally Posted by whaap

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. .

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.

Originally Posted by Burrcold

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!

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.

Originally Posted by Pwolf

Also make sure you take it to a shop you trust.

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.

[jher]

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.

[monkeedoo]

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

[PMok]

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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[HapaHaole]

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

[RFB]

Originally Posted by HapaHaole

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.



CERBERUS

[Kelbyat07]

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.

[SeanBlader]

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.

[Pwolf]

Originally Posted by PMok

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.

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

[PMok]

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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