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

Handling an Uninsured Car Accident: How to Protect Your Interests

Experiencing a rear-end collision caused by an unlicensed and uninsured driver can be a stressful situation, especially when the at-fault party proposes a private settlement. If you find yourself in this situation, it’s crucial to understand your rights and the appropriate steps to safeguard your interests while ensuring proper documentation. Here’s a professional guide to help you navigate this scenario:

Understanding the Incident and Documentation

Recently, I was involved in a minor rear-end collision caused by a driver who lacked valid license and insurance. Thankfully, the impact was minimal—mainly a scratched and scraped rear bumper—with no significant damage. Key details of the incident include:

  • Video footage capturing the event, the license plate, and clear images of the driver and passenger
  • Photographs of the visible damages
  • Contact details of the driver, including their phone number and ID photos of the passenger

The driver has expressed a desire to resolve the matter privately, without involving insurance providers. At present, local body shops are closed, so I am unable to obtain an official repair estimate. My insurance provider is GEICO, and I carry collision coverage.

Important Considerations and Questions

  1. Timelines and Claim Submission:
    Am I required to submit a claim by a specific deadline if I plan to get quotes and settle later? Can I notify GEICO about the incident now and clarify that I am exploring a private settlement without initiating an official claim?

  2. Collision Deductible Waiver:
    Given that the at-fault driver is uninsured, am I eligible for a waiver of my collision deductible through GEICO?

  3. Impact on Premiums:
    Even though I am not at fault—though fault has not been formally established at the scene—will this incident affect my insurance premiums in the long run?

Guidance for Next Steps

  • Insurance Notification:
    It’s advisable to inform your insurer of the incident, even if you plan to handle settlement privately. This creates an official record and helps clarify coverage options, including the possibility of a deductible waiver.

  • Claim Deadlines:
    Review your policy documentation or contact GEICO directly to understand the specific reporting window. Most policies require reporting within a certain period after the incident—typically 24 to 72 hours, but confirm with your provider.

  • Obtaining Repairs:
    Once body shops open, get repair estimates to inform your discussions with the

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