Car Accident – Seeking Advice
Hey everyone, I could use some guidance.
I’m in Ontario and was recently in a car accident where I rear-ended another vehicle. My car has been declared a total loss, and I’m looking for advice regarding the other driver’s vehicle.
I filed a Collision Report at the designated center and narrated the incident. The other driver immediately stated that he didn’t want to go through insurance and offered to settle for $1,000 to fix his car. To me, this seems odd, as the damage looks to be in the range of $3,000 to $5,000.
After looking into his insurance and ownership details, I noticed discrepancies with the names on the licenses. He claimed the car belongs to his uncle, which raised my suspicions.
Additionally, when I checked his Ontario driver’s license number from the picture I took, I found that his license is invalid—suggesting it may be suspended or canceled.
I informed him that I would need a written agreement, signed by both him and his uncle, stating that neither of them would pursue any further claims in exchange for the $1,000.
My question is: if they sign this agreement, is it binding and would it prevent them from taking further action? Am I being overly cautious in thinking this might be a scam? I’d appreciate any insights you might have—thank you!
I suspect he may want to avoid going through insurance because he’s driving without a valid license, which could cause issues for both him and the vehicle’s owner. The whole situation feels off, and I’d love to hear your thoughts. Your help would be greatly appreciated!
It sounds like you’re in a tricky situation, and it’s definitely wise to be cautious. Here are some thoughts:
Validity of Agreement: Even with a signed agreement from both him and his uncle, there’s no guarantee that they won’t later pursue additional claims or legal action against you. If they feel that they can get more money by going through insurance—or if they feel wronged for any reason—they could choose to do so, potentially undermining your agreement.
Document Everything: Make sure to have detailed documentation of everything—photos of damage, any conversations you have, and the signed agreement. This will be helpful if any disputes arise later.
Involving Insurance: Given the red flags you’ve identified, especially concerning his unlicensed status and the ownership of the vehicle, it may be in your best interest to involve your insurance company. They can provide legal advice and take on any potential liability, which can protect you from being taken advantage of.
Consult a Lawyer: If you’re really concerned about the potential for a scam or future legal actions, speaking with a lawyer who specializes in auto accidents may be beneficial. They can provide specific advice tailored to your circumstances.
Be Cautious with Cash Payments: Offering cash to settle things outside of insurance can sometimes lead to complications. There’s often a risk that they will take the money and then still come after you later, claiming additional damages or injuries.
Assess Your Liability: Understand your liability in this situation fully, as rear-ending someone typically implies fault. You need to ensure that you’re protecting yourself from any ongoing repercussions.
While it’s good to negotiate, based on the information you provided, it seems very wise to protect yourself and err on the side of caution in this situation. Good luck!