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

What Are Your Options After a Rear-End Collision with an Uninsured Driver? A Legal and Insurance Guide

Experiencing a car accident can be stressful, especially when the other driver is uninsured, unlicensed, and unregistered. If you’ve recently been rear-ended under such circumstances, knowing your rights and the appropriate steps to take is vital to protect yourself financially and legally. Here’s a comprehensive look at your situation and recommended actions.

Understanding the Scenario

Recently, you were involved in a minor collision—specifically, a rear-end bump resulting in a scratched rear bumper panel. The other driver was uninsured, unlicensed, and unregistered, and has approached you to settle the matter privately. You possess critical evidence including video footage, photographs of the damage, and contact details of the other party.

Key Questions and Recommended Strategies

  1. When Should You Submit a Claim, and Can You Warn Your Insurer Without Triggering a Claim?

It’s best to act promptly. While your body shop isn’t available today for quotes, you can aim to obtain an estimate early next week. Generally, insurance policies have reporting deadlines—often within 30 days—so starting the process as soon as possible is advisable.

Your options:

  • Notify your insurer (GEICO) immediately about the incident, even if you’re considering a private settlement. Doing so will not necessarily initiate a claim right away; rather, it establishes a record of the incident.

  • When communicating with GEICO, specify that you are currently exploring a private settlement and plan to make a claim if necessary. Transparency helps prevent future disputes and clarifies your intentions.

  • Are You Eligible for a Collision Deductible Waiver Due to Uninsured Liability?

Many insurance policies, including GEICO’s, offer a collision deductible waiver in specific situations—particularly when you’re involved in an accident caused by an uninsured driver.

Check your policy details: Sometimes, if the at-fault driver is uninsured and cannot be identified, your insurer may waive the collision deductible under uninsured motorist coverage. Contact GEICO directly to verify your eligibility and ensure proper documentation.

  1. Will This Incident Affect Your Insurance Premiums?

While you are not at fault, insurance companies might consider the incident when calculating future premiums. However, by providing evidence that the other driver was uninsured and unlicensed, you can support your case that you’re not responsible for the accident.

Key point:

  • Many insurers differentiate

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