laws regarding accidents...

[SicChild]

okay I'm in Alberta...I just have a few questions regarding the laws after an accident.

I rearended this girl. Someone infront of her slammed on the brakes, then she did, and I did, but I slid into the back of her. Put a small dent in her bumper below the lisence plate. I drive a '79 vette, and no damage to my car. But anyways, we decided not to goto the police and just deal with it on our own without insurance/police. She got a quote to get it fixed and it came to $950. I was freaked of course and said I dunno what to do. (her family is rich and i know for a fact they'd just pocket the money and not get it fixed)...I said i'd probably have to pay her in payments or something because i can't afford that much money. she said sure, whatever works, just to track her down and pay her when i get money. well, i never did. it's been over 2 months since the incident now. i have a feeling one of these days shes going to call me all pissed and want the money.

I just wanna know where I stand on the law. Doesn't she have a certain amount of time to deal with things? Like, can she still goto the cops or whatever and force me to pay? or is it her fault now since she's waited so long for anything to happen. i really dont want to pay a $950 bill for something that could probably be popped out with a rubber hammer or suction cup.

So where do I stand?

[gkAeris]

why don't u take her to another person for a quote earlier, she probalby went to a couple of places and go the most expensive one and gave it to u, u should of brought her to a friends place or some where cheaper!

but hm, the contract probably lapse...but i'm not sure..sorry no help there! but next time, u BRING the car to do UR own quote

[Weapon_R]

Yes, she does have a certain amount of time to seek damages. Too bad its 2 years from the time of the accident. You are far from being home free.

[tegdream]

Originally posted by Weapon_R
Yes, she does have a certain amount of time to seek damages. Too bad its 2 years from the time of the accident. You are far from being home free.

whooo good news for me :) thought i would be left in a hovel!

[MerfBall]

She didn't go to the police right away and file a police report so she would probably be SOL with the cops, cops will unlikely let her file a police report for a 2 month old accident, they should be done within 48 hours of an accident. Even if she did file with the police, the police don't really give a crap since the accident damages are under $1,000 and there were no injuries. It's really just proof of the accident.

If she does call, or if you want to be proactive about it, just tell her that you did your own research and the cost to repair the bumper should not be that much. Tell her you would like her to get 2 other quotes and suggest shops you know of that will for sure be cheaper for you. Then tell her you will pay for the cheapest.

But as Weapon_R said she has two years from the date of the accident to sue, but there is no real proof of the accident since neither of you filed a police report, so I'm not sure how that would work for time.

[SicChild]

Thanks guys. I really don't want to be proactive. lol. The shop she went to says you can't pop a dent out of a plastic bumper because the plastic stretches when it gets a dent, so it won't pop back in properly. So they say they gotta get a whole new bumper and paint it.

I guess the only proof of an accident is the small dent, and a couple witnesses? Is that enough?

I'm pretty sure her family wouldn't bother with sueing me. They own half this town. lol.

[szw]

at least give her something u cheap bastard.

u make me sick

[rc2002]

The small dent and witnesses is definitely enough for her if she wants to pursue some legal action. If she's that rich she could probably hire a kick ass lawyer too.

I think that accidents under $1000 don't have to be reported to the police, but that doesn't mean that they won't stand up in court. Besides, she has all your insurance information (how else would she get it?).

I would take it to a cheap body shop, get it fixed and have peace of mind for the next 22 months.

[littledan]

^^^ for real, you fucked up so now you have to deal with it like a man.

[MerfBall]

You really should call around and see what the body shops would charge for something like this... It is possible that it actually does cost that much. And rich or not, for $950 she will be calling to collect, better to be proactive and do something about it. If she takes it to court you will lose, in a rear end accident the onus is on the driver following to stop.

[Khyron]

For what it's worth, a new VW bumper is like 700 bucks + 150ish to paint it. What car did she have? Possible you could get a used stock one and paint it to match hers? Especially if it's one that's commonly upgraded.

I would definately do something cause if she comes back soon she's going to be mad and won't let you off with the "I can't afford it" thing - she'll go straight to insurance (she might already have?)

Khyron

[That.Guy.S30]

yea man.. you hit her.. she went to go get a quote.. so pay for it..
how would you feel if someone hit your rear.. you got a quote for oem materials and then the person who hit your car said fuck off.. you can use chepaer stuff to fix the car..
i would personally be pissed off.. plus she gave you the benefit of the doubt that you would pay her back.. so instead of her comin back and sueing you or whatever.. you should pay her and just get it over with

[maximus]

Originally posted by Thi_Thi Subs
yea man.. you hit her.. she went to go get a quote.. so pay for it..
how would you feel if someone hit your rear.. you got a quote for oem materials and then the person who hit your car said fuck off.. you can use chepaer stuff to fix the car..
i would personally be pissed off.. plus she gave you the benefit of the doubt that you would pay her back.. so instead of her comin back and sueing you or whatever.. you should pay her and just get it over with

:werd:

You hit her so be a man and pay up. And if she goes for used parts/ cheap fix then you're lucky. If you hit me damn straight I'm going to get it done right..not some cheap ass quick fix that will cause more problems down the road. And the cost could very well be that much for a new OEM bumper. Bodyshops are FAR from cheap!

And not getting back to her for months? :thumbsdow If you would have gotten to her right away and gave some poor sob story maybe she would let you off. My dads gotten slightly bumped more than once on the rear and he's let $400-$600 damage go because "its only a car". (Now its rusting...so much for compassion)

On the other hand if the guys a real jerk about it and the damage is next to nothing and he's obviously milking you, ask to pay in installments and write a check for like 1/8 the damage. If he cashes that first check then you don't have to pay him anymore money even if he takes you to court.

But just pay up man. Just be thankful its only $950. Lesson learnt....who knows you may become a better driver because of it!

[ninspeed]

Originally posted by SicChild
Thanks guys. I really don't want to be proactive. lol. The shop she went to says you can't pop a dent out of a plastic bumper because the plastic stretches when it gets a dent, so it won't pop back in properly. So they say they gotta get a whole new bumper and paint it.

I guess the only proof of an accident is the small dent, and a couple witnesses? Is that enough?

I'm pretty sure her family wouldn't bother with sueing me. They own half this town. lol.
well, i would not be going to this shop... Its done on a daily basis... just need a HUGE tank with water and a big heater.. most shops in town do no have this... once the bumper is heated up, it dent will go back to its orginal shape. and and srcatches can be filled in with a special plastic filler. Textured plastics can also be recreated, but takes a bit more work...
I would make sure she goes to 3 shops for quotes, and tell her you will pay for the worl once done (3rd party payment)... Since it is under 1000$ there is no need for a police sticker.
What kinda car is it that you hit?

[crazyning]

She does have a legal claim against you. Just because she didn't report it to the police, doesn't mean that she can't sue you for tort.

[Zero102]

Man, be honest here, own up to it. I got rear-ended once, I got 3 quotes on the damage, I gave him the LOWEST one, because I truested the shop, he told me to get lost, he could never pay it, and --I-- had to make it cheaper. It was not my fault, and it's not hers. I told him to get bent, and called my insurance. I have bad news for you, if she does take legal action against you, it looks really bad that you disappeared for 2 months. Furthermore, if she hasn't followed up, it's very possible that she has already gone to insurance about it. The police will not take a statement after about 2 weeks. I waited 10 days, and they said I was pushing it, but they wrote the report.
It's tough luck, but the truth is, shit happens, if you are young, then be happen that it's only $950, and I would bet you have learned a very valuable lesson from this.
I agree with the statement to offer to pay the body shop. Offer to go with her when she takes it in, and sign the papers saying you will pay for the work. It is not fair for her to pocket the money, especially if she chases you down to get it, that's outright greedy.

[illeagle]

if and when you pay her out, you baically pleaded guilty. she can still take your ass to court for injuries.

It happened to me, I payed a guy i rear ended $1,200 CASH, Then he turned around and sued me right after.

She has 90 days or more (2 years?) to claim injuries, You'll have to take the chance....you pay out of your own pocket, = you lose if she sues.

[fast_cars]

who the hell is she anyways???
who owns like half the town...eh!!!
:dunno: :dunno:

[Zero102]

That is accurate. The statute of limitations on an accident is 2 years, unless a statement of claim is filed, which would require a lawyer. When paying out, it is in your best interest to draft up a letter, saying that this is the entire payment for the said accident, all personal injury, property damage, consequential damages, etc. included, otherwise it does leave you open to further legal recourse.

Yeah, who own's half the town?...

[illeagle]

That's where i went wrong, I never got that gold digger to sign anything. F**k was i suprised/pissed when i found out.

[Khyron]

Yah I got fucked when I was 17 - driving the family boat. In a parking lot, an old bastard was double parked with a 3/4 ton rusty chevy. So as I'm backing out I touch him - I mean going so slow it's barely moving. The damage? I think a flake of rust fell off. But since he was nearby with a few old friends I was screwed and ended up having to pay 450 in damages for a new bumper or basically lose insurance forever.

Damn it's been like 10 years and I'd still like to kill him tho.

Khyron