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

Navigating a Rear-End Collision with an Unlicensed and Uninsured Driver: Essential Steps and Legal Considerations

Experiencing a rear-end collision is stressful enough, but encountering an unlicensed and uninsured driver complicates matters significantly. If you find yourself in a similar situation, it’s crucial to understand your rights, the best course of action, and how to protect yourself financially.

Scenario Overview

Recently, I was involved in a minor accident where I was rear-ended by a driver who lacked a license and insurance. The impact was slight, resulting in only a scratched bumper. The driver was uncooperative and suggested settling the matter privately rather than through insurance. Here’s what I have collected so far:

  • Video footage of the incident, displaying their license plate, as well as images of the driver and passenger
  • Photographs documenting the vehicle damages
  • Contact details of the driver, including their phone number and a photo of the passenger’s ID

Currently, local body shops are not operational, so I cannot obtain an immediate repair quote. My insurer is GEICO, with collision coverage included.

Key Questions and Recommendations

  1. Claim Filing and Private Settlement Timing

  2. Is there a deadline for filing an insurance claim if I plan to settle privately?

    Insurance policies typically specify timeframes for reporting claims—often within 24 to 48 hours of an incident. However, since damage is minor and a quote isn’t yet available, it’s advisable to contact your insurer promptly and inform them of the accident. You can disclose that you are considering a private settlement without formally initiating a claim. This proactive communication helps ensure your coverage remains intact and clarifies your intentions.

  3. Can I notify GEICO today about the incident and delay initiating a claim until I secure a repair quote?

    Yes, informing your insurer today is prudent. Explicitly state that you are exploring a settlement privately and will provide further details once you have estimates. This approach allows you to maintain transparency while avoiding unintended claim activation or premium increases.

  4. Collision Deductible Waiver Considerations

  5. Am I eligible for a deductible waiver given the other driver’s lack of insurance?

    Some insurance policies offer a collision deductible waiver when the at-fault driver is uninsured and cannot compensate for damages. Consult your GEICO policy documents or speak directly with your agent to confirm eligibility. Providing proof of the other driver’s uninsured status and the incident details will support your case for a waiver.

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