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

Handling a Vehicle Accident with an Uninsured and Unlicensed Driver: Advice and Next Steps

Discovering you’ve been involved in a rear-end collision with an unlicensed, uninsured driver can be a stressful experience—especially when the damage appears minor. If you find yourself in this situation, it’s crucial to understand your rights, the best course of action, and how to protect yourself financially. Here’s a comprehensive guide to navigating such incidents.

Incident Overview

Recently, I was involved in a minor rear-end collision. The driver responsible lacked a license, registration, and insurance. The accident resulted in a small scratch on my rear bumper, and fortunately, no injuries occurred. The driver has no official ID and prefers to settle privately, avoiding the insurance claims process.

Evidence and Documentation on Hand

  • Video Footage: Captures the incident, including the license plate, and shows the driver and passenger.
  • Photographs: Close-up images of the vehicle damage.
  • Contacts and IDs: Phone number of the driver, along with a photo of the passenger’s ID.

Current Limitations

  • Body shops are closed, preventing me from obtaining an immediate repair quote.
  • My insurance provider is GEICO with collision coverage.

Key Considerations and Recommendations

1. Timing and Claim Submission

  • Claim Deadlines: Typically, insurance policies specify a window—often within 24 to 48 hours—to report accidents. Check your GEICO policy or contact their representatives promptly to confirm if any deadlines apply. Even if the damage is minor, reporting early can streamline processing and protect you from potential disputes.
  • Notifying Insurance: You can inform GEICO about the incident today, indicating that you are considering a private settlement with the other driver. Be transparent about your intentions to avoid any unintended implications or policy violations.

2. Collision Deductible Waiver for Uninsured Drivers

  • Some insurance policies, including GEICO, offer provisions for waiving the collision deductible if the driver at fault is uninsured and meets certain criteria. Review your policy or speak directly with a GEICO agent to determine if you qualify for this benefit. Proper documentation of the incident and evidence of the other driver’s uninsured status will be necessary.

3. Impact on Future Insurance Premiums

  • While establishing fault at the scene is ideal, even if you haven’t formally done so, evidence indicating your innocence can be helpful. Generally, being involved in an accident—especially with an uninsured

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