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

Handling a Car Accident with an Uninsured and Unlicensed Driver: Essential Steps and Advice

Encountering a rear-end collision is stressful enough, but it becomes even more complicated when the other driver is uninsured, unlicensed, and unregistered. If you’ve recently been involved in such an incident, it’s crucial to understand your rights and the best course of action to protect yourself financially and legally. Here’s a comprehensive guide to navigating this situation.

Incident Overview

You were involved in a minor rear-end collision on a Saturday, resulting in a scratched rear bumper. The driver responsible lacks proper licensing, registration, and insurance, and has expressed interest in settling privately rather than through their insurer.

What You Have at Your Disposal

  • Video footage capturing the incident, including footage of the license plate, and images of the driver and passenger
  • Photos documenting the damages
  • Contact information for the driver and a photo ID of the passenger

Currently, body repair shops are closed, preventing you from obtaining an immediate repair estimate. You are insured through GEICO with collision coverage.

Key Considerations and Actions

1. About Claims Submission and Deadlines

  • Timing for Filing a Claim: Typically, insurance companies require reports to be made within a certain window—often within 30 days, but deadlines can vary. To avoid complications, contact GEICO promptly to inform them about the incident, even if you’re planning to reach a settlement later. This ensures you’re within your policy’s reporting requirements.
  • Private Settlement vs. Insurance Claim: Notifying your insurer of the accident does not automatically mean you’ll be filing a claim. You can discuss with GEICO whether to hold off on submitting a claim while negotiating privately with the other driver. Clarify with your agent about potential implications and whether this approach affects your coverage or premiums.

2. Collision Deductible Waiver Eligibility

  • Since the at-fault party is uninsured and unlicensed, some insurance policies, including GEICO, may offer a Uninsured Motorist Property Damage (UMPD) coverage, which could waive your deductible if you’re hit by an uninsured driver. Review your policy details or consult with your agent to confirm if this applies to your situation.

3. Impact on Insurance Premiums

  • Even if you are not at fault, insurance companies often see claims, especially those involving uninsured motorists, as factors that can influence future premiums. However, establishing clear evidence of your innocence and that you were not at fault can help mitigate

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