Rear ended by unlicensed and uninsured driver. I’m not at fault. Driver wants to settle privately. What should I do

Handling a Hit-and-Run: What to Do When You’re Rear-Ended by an Uninsured Driver

Experiencing a rear-end collision is stressful enough, but finding out that the at-fault driver is uninsured and unlicensed adds another layer of complexity. If you’ve recently been involved in such an incident, it’s crucial to understand your options and how to protect your rights. Here’s a comprehensive guide to navigating this situation effectively.

Understanding Your Situation

Recently, your vehicle was rear-ended by a driver who lacked a license, registration, and insurance. Thankfully, the collision was minor—a scratched rear bumper—thanks to the near-miss. The at-fault driver has no visible identification other than their license plate, and they’ve expressed interest in settling the matter privately, outside of insurance claims.

Your available evidence includes:
– A video of the incident capturing license plate details and the driver/passenger faces
– Photos of the vehicle damages
– The driver’s phone number and a photo of the passenger’s ID

Since local body shops are closed, obtaining an official repair estimate will be delayed until Monday. You are insured with GEICO and have collision coverage.

Key Questions and Recommended Actions

  1. Timing for Claims and Private Settlement

Can I wait until Monday to get a repair quote and try to settle privately?

Yes, you can legally do this. However, it’s important to understand that insurance policies often have deadlines for reporting accidents—typically within 24 to 48 hours of the incident. Contact your insurer today to notify them about the collision, mentioning that you are considering a private settlement. Doing so generally won’t automatically file a claim unless you specify it, but it’s essential to follow your insurer’s procedures to avoid potential complications later.

Should I notify GEICO now or wait until I have more details?

Proactively informing GEICO about the incident provides a record of the event, which can be helpful if you decide to file a claim later. Clearly communicate your intent to settle privately and ask about any time constraints or requirements for claiming damages when you’re ready.

  1. Eligibility for Collision Deductible Waiver

Am I eligible for a deductible waiver since the other driver is uninsured?

Typically, collision coverage includes provisions for uninsured drivers under certain circumstances, especially if the other driver is at fault and cannot be identified or held accountable. Since you have collision coverage with GEICO, contact your insurer to inquire specifically about their uninsured motorist provisions and whether your situation qualifies for a deductible waiver.

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