| Author | Message | ||
     Chris Gregg (Tofergregg) New Member Username: Tofergregg Post Number: 32 Registered: 05-2003 |
On Friday night I was driving in Rhode Island on 95S and got in a very minor fender-bender. I rear-ended the car in front of me (it was an older model chevy car, I was in my 96 Disco); we were both changing lanes to merge into traffic and the guy in front of her slammed on his brakes, she did the same and I did as well to no avail (on my part--she avoided him). Her back left tail light broke, and her bumper got a bit smooshed. My Disco got scratched a bit, and the front right headlight is now wobbly (but working). We both pulled over, and she was very timid and spoke little English. I called 911 and she called a friend to come help translate. The state police arrived within ten minutes, and her friend arrived at the same time. The trooper chastised her friend ("You didn't need to come; now there are more cars here," etc.), and then he asked me what happened and asked for our respective licenses and registrations. I gave him mine, but she didn't have hers with her (she may have had her license, but no registration). The trooper asked me to go sit in my car, which I did. About five minutes later, he came over to my car (after sitting in his car for a few minutes) and said, "You're all set. Be careful pulling out." He didn't give me a ticket, and he didn't say anything like, "be careful next time," or "you were at fault." I called my insurance to report the accident and to say that I wouldn't me making a claim for my car, but I never got the girl's information or anything. I imagine that the trooper gave her my info for insurance, but I didn't ask. Is this strange that I didn't get a ticket? Should I expect one in the mail? I haven't heard from my insurance, who said they'd call if she made a claim. I guess I'll just have to wait on this one. Thanks! -Chris | ||
| Porter Mann (Porter) Member Username: Porter Post Number: 57 Registered: 05-2003 |
When I got into my accident, the police said to me that they accounted it to the weather, and that there would be no citation handed. It was raining after a long period of not rain. It was clearly my fault, as I was the one that hit the other vehicle, but no police report was taken and no citation. The other lady may not be making a claim either, if she thinks she can pay for the damage below her deductable. As long as the damage for both vehicles is below a certain amount, then its legal to do so - and you had mentioned it was a minor fender-bender. You'll just have to wait it out. I'm not aware of tickets being mailed after an accident, generally that's only given for speeding with photo radar but I could be wrong. | ||
| Brian Dickens (Bri) Senior Member Username: Bri Post Number: 745 Registered: 08-2002 |
You did not get a ticket, but the insurance companies will likely find you at fault. Wait and see. You will not get a ticket after the fact. | ||
| PHILIP N. THALER (Pt94d90) New Member Username: Pt94d90 Post Number: 1 Registered: 09-2003 |
I'm not sure about R. I. but in most states an officer can not cite from an accident unless he witnessed the violation that was the primary collision factor (PCF) or has an independent witness who did. | ||
| Kyle (Tweaked) New Member Username: Tweaked Post Number: 11 Registered: 03-2003 |
Chris- This happened to a friend of mine here in RI. He rear-ended a woman whose car was not registered or insured and never had to pay a dime for the damages. From the way it sounds this may well be the case for you... Good luck! | ||
| thom mathie (Muskyman) Senior Member Username: Muskyman Post Number: 362 Registered: 11-2002 |
IL has a clause that states you can not be held accountable for damage to an unisured or unregistered vehicle if a collision occures on a public roadway. it is set up as a penalty for people driving uninsured/unregistered vehicles. the bad news is the state also now requires insurance for all vehicles to cover collisions with under-insured /uninsured and unregistered vehicles. in the end we all pay. and yes you can still recieve a citation in the mail...if the driver of the first car signs a complaint you will recieve a citation...if it sticks in court will be up to the judge. | ||
| Andrew Maier (Newman) Senior Member Username: Newman Post Number: 256 Registered: 04-2003 |
Just asking here, but why report the accident to your insurance at all? Absent any obvious statement of fault (ticket), you could have repaired the damage (which doesn't sound major) and gone on with life. If the woman files a claim her insurance will cover it -- given the officer's actions it sounds like what we in Wisconsin call a "non-reportable" accident. In other words, under a certain amount no one HAS to report the accident; over it the police report it to the state DMV/DOT/whatever. Hindsight by now, since you filed a claim (???), but maybe a lesson to learn. I put the question marks there because any good insurance compant will consider your call to report the accident a claim on your record. As an example, my old car was damaged when someone tried to jimmy the lock with a screwdriver. I called the police, and also my insurance company to find out whether comprehensive auto insurance or homeowner's insurance would cover. I never filed a claim. They entered the damage as an automobile claim and it affects my auto rates to this day! Find out what the law is with regard to RI motor vehicle insurance and reporting requirements, and use it to your advantage next time.... | ||
| Chris Gregg (Tofergregg) New Member Username: Tofergregg Post Number: 33 Registered: 05-2003 |
Kyle - very interesting; we'll see what happens. My insurance company did call me back today to get more info, but we played phone tag all day so I don't know if the lady filed a claim. Andrew - I filed the report with my insurance company just to be on the safe side with them. If they never get a claim from her it shouldn't matter, but your story worries me a bit. I'll ask the company about it tomorrow. Thanks for the info! Cheers. -Chris | ||
| Porter Mann (Porter) Member Username: Porter Post Number: 58 Registered: 05-2003 |
If she filed a claim, your insurance company would be the next to know as her insurance company would contact yours. What I've done in the past is ask the other person to go to the body shop, and find out the cost of repair. If 1) its under the maximal amount allowable before reporting to the insurance company, and 2) the individual is willing, then I pay the body shop for the repairs. If the damage is too extensive, or its not worth my while, then we make a claim to our repsective insurance companies. Its a win/win situation, as both parties are not reporting to the insurance company, and thus not affecting the future rates. You have to be careful, insurance companies are sly, and they use every means they can to warrent increased rates. I hear some states have a "no fault" clause, where in an accident, each insurance company pays for its own driver's damage and does not make the individual "responsible" for the accident cover the entire bill. I'm not very familiar with this type of policy, but I hear some places use this. One thing that you might want to do is get a copy of whatever the police wrote down. They might not have given a citation, but they may have made a report. Also write down exactly what happened in your own words, you never know if this woman wants to sue you for "back pain/neck pain/never-going-sky-diving again" type stuff down the line and you want to be able to recall it rather then try to fill in the gaps you forgot. And, get a camera and take some pictures of your car. That's what happen to me. The guy I hit tried to sue me for 150,000. Although he seemed fine and the accident was relitively minor, this bottom feeding individual filed suit almost a month before the year expiration date. By that time, the car was already gone and I didn't take pictures to prove that the accident was minor. Fortunately, his story didn't hold up in court, but nonetheless, it was definately something I learned. I now keep a cheap disposable camera in my Disco just to have something to record in the future. Just cover your own back in case something might happen in the future. There are a lot of people who are sue happy nowadays, and with us driving Land Rovers - they might think we're loaded. | ||
| Andrew Maier (Newman) Senior Member Username: Newman Post Number: 257 Registered: 04-2003 |
FWIW, we all know that you have to be loaded to buy one of these in the first place.  |
