Rear-End Collision: What to Do When the At-Fault Driver is Ignoring Me
Two days ago, while I was stopped at a red light in Manhattan, another driver rear-ended my vehicle. After the incident, we both stepped out, assessed the damage, and exchanged contact information. I took pictures of both cars, clearly displaying the damage to his front bumper and my rear bumper, confirming that I wasn’t at fault.
Initially, I proposed that we manage the repairs privately to avoid involving our insurance companies, and he agreed. Unfortunately, he has since stopped responding. I set a deadline for him to provide a repair shop by Friday at 7 PM, but with no answer, I decided to file a claim with my insurance.
A nearby body shop evaluated the damage and estimated the repairs to be around $1,200, which seems high for a minor fender bender. My insurance company has assured me that since I was stopped and was rear-ended, I’m not at fault, and the other driver’s insurance should cover the expenses. However, I have a few questions and concerns:
- What if the other driver disputes fault or claims shared blame?
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I have clear photos of the damages as evidence. Should I try to obtain security camera footage from local businesses, even though there’s no guarantee it will be available?
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Will I need to pay my deductible upfront and wait for reimbursement, or will the at-fault driver’s insurance handle everything directly?
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I understand that New York is a no-fault state, but I think this applies only to medical expenses and not vehicle damage. Is that correct?
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Should I file a police report or a DMV report now, even though I didn’t do so at the time of the accident?
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I assumed it wasn’t necessary for a minor, no-injury accident, and I needed to get to work. Would filing a report now help protect my interests?
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Should I have filed a claim with the at-fault driver’s insurance instead of my own?
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Someone advised me to go through his insurer directly to avoid involving mine and potentially increasing my rates. Did I make the wrong choice?
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Did I handle the situation correctly overall, and is there anything else I should do to protect myself financially?
Any guidance would be greatly appreciated!
I’m sorry to hear about your accident, but it sounds like you’ve taken some solid steps already. Here’s some advice to address your concerns:
Disputing Fault: You’re right to be proactive about the possibility of the other driver disputing fault. Having the photos is an excellent start as they clearly show the damage. If you can, try to obtain any security camera footage, but be aware that it might not exist or be accessible, so it’s good to manage expectations. Document everything and keep a timeline of events.
Deductible Process: Generally, your insurance may have you pay your deductible upfront, especially if it’s a collision claim. However, they will often subrogate (claim reimbursement) from the at-fault driver’s insurance once liability is established. It’s best to clarify this process with your insurance representative to understand how it will work in your case.
No-Fault State: You’re correct that New York’s no-fault insurance primarily covers medical expenses. Vehicle damage falls under liability coverage, which is the other driver’s responsibility since they rear-ended you. Make sure to communicate this aspect clearly to your insurance adjuster.
Police/DMV Reports: While filing a report now might not be strictly necessary, it could be beneficial as it creates an official record of the incident. Even if the damage seemed minor, an official report can bolster your claim if disputes arise later. Check with your insurance about whether filing a report can aid your situation.
Filing Claims: While it’s often best to go through the at-fault driver’s insurance directly, it can depend on the situation. Since he became unresponsive and made it difficult to proceed with private handling, involving your insurance is a reasonable choice. Be sure to inform your insurer that you attempted to resolve it directly with the other driver.
Protecting Yourself Financially: It sounds like you’ve done well so far. Continuing to gather evidence, maintain communication with your insurance, and document all interactions with the other driver or his insurer will serve you well. If disputes arise or you feel your claim is undervalued, consider consulting with an attorney who specializes in auto accidents to ensure your rights are fully protected.
Overall, you’ve handled this situation with caution, but keeping these tips in mind could help you navigate the following steps more effectively. Good luck!