Your first reaction to being in a car accident is probably shock. You are also probably a little shaken and jittery. Outside of seeking medical care for yourself or others, trying to move your vehicle or a combination of both, you then have to deal with the other driver. And there is no telling how this person may react. Many drivers don’t want to go through insurance and will offer to pay you in cash because they don’t want the “hassle” or don’t want it to negatively affect their insurance premium. You should think twice if they propose this.
Why Not File an Insurance Claim for the Accident?
If the other proposes to pay you directly, it is clear they don’t want to file an insurance claim. This could be for a number of reasons. They may not want their premium to raise, they may not have insurance, or maybe they’re driving someone else’s car.
It is always the best move to get contact and insurance information from the other driver at the scene of the accident. If you don’t, it could prove difficult to find the person down the road (the insurance company is not required to give you their contact information in the event they need to be served a lawsuit). Under California law, you must report an accident to the DMV within 10 days after your accident if someone was killed or the accident resulted in $1,000 or more in property damage.
Don’t be fooled if the person seems nice. It may actually be an act of desperation because they hope to avoid paying you altogether or deny the accident even happened. Injuries and damages in car accidents typically will be several thousand dollars. And without being evaluated by a medical professional, it’s impossible for you to know at the scene just how injured you could be.
Politely Decline Their Offer and Ask for Their Information to Protect Yourself
If they’ve asked not to go through insurance, say you’d feel more comfortable having the information. This is not only your health that’s at risk, but possible damage to your vehicle as well. Getting the information is easy with cell phone these days. You can simply take pictures of their driver’s license, registration, insurance, and license plate (if something has two sides, make sure to get the back as well). Contact the police, and if you need an ambulance request one as well. If the other driver does not wish to call 911, remain in your vehicle while you call. If they leave, it is a criminal offense.
There is nothing that another driver can legally do to stop you from filing a claim with their insurance. However, we don’t recommend calling their insurance company until you’ve met with a personal injury attorney and allowing them to handle that communication. Insurance adjusters are professional negotiators that will ask you questions designed to poke holes in your claim—especially if it puts blame on their driver.
Contact our experienced personal injury attorneys today for a FREE case evaluation! You can reach us at (916) 619-5452 or through our website.
