Changing mind after accepting cash at car accident?

1000yards · #1 10-29-2013, 02:02 PM

Someone struck my mother in laws car last night, she got out, the other driver was fully in the wrong, but with the driver and 2 passengers, they convinced her in the dark that there wasn't much damage,gave her some cash and declined to swap info just in case, then they left.

In day light, looks like there was more damage then she could see before, and isn't feeling so great about how they've left her car.

With just the description and license plate, is there really anything she can do or is this just another story of why you should always demand the info and call the police if they decline? I think she was a little intimidated to stand up more for herself..

Canehdianman · #2 10-29-2013, 02:16 PM

file a police report. They will contact the other party.

nekred · #3 10-29-2013, 02:19 PM

A good case in point... So many times I have seen the same story played out and then things go sideways....

Their story changes, suddenly there are witnesses, they are no longer impaired and in the end whoever spins the best story for the judge wins.

Okotokian · #4 10-29-2013, 02:21 PM

Though I doubt much could be done. Whether it was wise or not, a deal was made and your M.I.L. accepted compensation. Can't go back and say "I don't think it was a good deal now". It's a good lesson on why you should always get all info, report to police, and don't settle anythng until you've had the damage thoroughly checked out.

Rockman · #5 10-29-2013, 02:27 PM

I can't speak to the legality of what you do now, but you can file a police report a day or two later (or so), it's not off the table.

Having agreed to a payout at the time, tho', you now have that grey area to deal with. Not so cool if you agree to it at the time (assuming the other party did so in good faith) and then go and file a police report & they find out when the cops call them about it.

Best would be to get in touch with them (though not sure how) and explain you need/want to do this the proper route now, as the damage assessed in the dark just wasn't right.

But yes, she can probably just go to a police station and explain the story and that she wants to file an accident report & go that route, and see what they say. I imagine they'd accept the report. No legal advice meant here, of course. It would be wise to ask an attorney too, if possible.

nekred · #6 10-29-2013, 02:36 PM

Quote:

Originally Posted by Okotokian

Though I doubt much could be done. Whether it was wise or not, a deal was made and your M.I.L. accepted compensation. Can't go back and say "I don't think it was a good deal now". It's a good lesson on why you should always get all info, report to police, and don't settle anythng until you've had the damage thoroughly checked out.

There is no deal.... where is the contract? before I ever give cash to someone for fixing their vehicle the details are identified and a release is signed so that nobody can go back on it and it is fair and equitable....

For example I paid the repair cost of the vehicle which is say $1800 and i have three quotes and the average was $1800 so this is fair and equitable and in return all parties signing a release meaning that this $1800 is being accepted voluntarily and there will be no further claim by any party.

Then this is legal as long as it is not deemed to be unfair or under duress at a later date.

Right now the party can claim she accpted the $100 under duress and thus there is no contract....

dodgeboy1979 · #7 10-29-2013, 02:38 PM

What money?.....sounds like a hit and run if you ask me lol

Okotokian · #8 10-29-2013, 02:42 PM

Quote:

Originally Posted by nekred

There is no deal.... where is the contract? before I ever give cash to someone for fixing their vehicle the details are identified and a release is signed so that nobody can go back on it and it is fair and equitable....

For example I paid the repair cost of the vehicle which is say $1800 and i have three quotes and the average was $1800 so this is fair and equitable and in return all parties signing a release meaning that this $1800 is being accepted voluntarily and there will be no further claim by any party.

Then this is legal as long as it is not deemed to be unfair or under duress at a later date.

Right now the party can claim she accpted the $100 under duress and thus there is no contract....

Nope. Uness you can prove she was threatened, there was no duress. Paperwork is not required for a deal. Estimates and contracts are not required. If you go to a garage sale and buy a lawn mower do you get paperwork? Are you legally required to have a contract drawn up? If the seller came to you the next day and said they were confused when the deal was made and they think you should now pay more, your response would be?????

Hey, I'm not saying it's a good or fair outcome, but your M.I.L. made a bad decision. As I said, unless they threatened and intimidated her, not much can be done, IMHO anyway.

Ken07AOVette · #9 10-29-2013, 02:44 PM

'decided to swap info just in case'

Have her insurance company contact their insurance company after she calls the Police. The Insurance companies will demand the Police report.

1000yards · #10 10-29-2013, 02:47 PM

I might have worded that wrong,

They declined to give her their info, she asked for it, just in case, and they said theres no need, and started piling back in. They had BC plates, so luckily, if they are insured, we know who by lol..

I do see both sides of the coin, maybe We will take some good pictures and then try and give it a wash, might just look worse with all the black from his 3 foot tire lol.. It sucks, but might just be another lesson learned. Now to hunt for a focus for the window knob lol looks like as the mirror got tore off, the knob went a flying!

DarkAisling · #11 10-29-2013, 02:57 PM

Depending on the amount of damage, she may need to file a police report anyway.
Replacing a bumper can be a couple of grand. I would suggest she file a police report. She can detail what happened after the accident in it, as well.

JB_AOL · #12 10-29-2013, 03:02 PM

Sorry, but your MIL is SOL. She accepted money which was agreed upon for the accident. It's a done deal.

1000yards · #13 10-29-2013, 03:03 PM

The bumper is fine, just a couple of scratches, missing mirror, and crushed hub cap center, as the tire rode against the car,
Darn Monster trucks lol

Okotokian · #14 10-29-2013, 03:16 PM

Quote:

Originally Posted by 1000yards

I might have worded that wrong,

They declined to give her their info, she asked for it, !

Ahhh OK. I didn't get that they refused to cooperate and do what they are supposed to. I think that puts it in a little different light if they essentially say "we aren't telling you who we are. We aren't hanging around for the police. Here's $100. We're outta here".

bagwan · #15 10-29-2013, 03:34 PM

Quote:

Originally Posted by DarkAisling

Depending on the amount of damage, she may need to file a police report anyway.
Replacing a bumper can be a couple of grand. I would suggest she file a police report. She can detail what happened after the accident in it, as well.

This. File the report. It may be under the price max but who knows. By the sound of it she has a case.

Dakota369 · #16 10-29-2013, 03:44 PM

I would also file a police report. If the car is stolen it will know be known to be in Alberta.........

1shotwade · #17 10-29-2013, 03:51 PM

I know from first hand expierence this is going to become a nightmare! Unless pictures were taken at the scene and the other group claims damages your MIL insurance is going to call it a 50% at fault and her rates are going up!

Sooner · #18 10-29-2013, 04:00 PM

Quote:

Originally Posted by 1000yards

The bumper is fine, just a couple of scratches, missing mirror, and crushed hub cap center, as the tire rode against the car,
Darn Monster trucks lol

Go get an alignment check. If the tire hit the wheel you would be surprized how easy it is to tweak a suspension part. Then she will have to buy tires too. Tell her to go talk to the cops and make a report. Nothing wrong with that and they can advise her if she is sol. On the part thing, check online with Pick and Pull. They list what inventory they have. I spent a hour there and got a bumper assy and a Tail lamp for my moms car. Same thing, someone hit her, was offering everything, then the fun started. But we straightened them out in the end.

bubba 96 · #19 10-29-2013, 04:08 PM

Quote:

Originally Posted by DarkAisling

Depending on the amount of damage, she may need to file a police report anyway.
Replacing a bumper can be a couple of grand. I would suggest she file a police report. She can detail what happened after the accident in it, as well.

You are correct a body shop will not even let it in the shop without a police report, I slid hit a fence on a buddy of mines property did 2800 damage to my truck, couldent get it in anywhere, needed a police report, even tho Im the only that incured any damages...my buddie wasent worried about his fence..

From The Hip · #20 10-29-2013, 06:22 PM

Allways go through the proper procedure and get all information exchanged.
If the person at fault wishes to take care of it via paying for it in cash
be sure to take the vehicle to a proper bodyshop for an exact estimate.

I went through this some time back with a brand new car.Some doorknob
backed out and put a pretty good size crease in one of the doors.After
saying over and over again that I was not supposed to be parked where I was
and it was thusly MY fault that he ran into my parked car he got told
by a valet that I was allowed to be parked where I was.He changed his tune
immediately and wanted to settle it for cash.I said OK and took the time
to get 3 quotes.He sees the cost and wants me to go to a bodyshop of his choosing.Turns out that bodyshop was going to slap some bondo on my
brand new car and paint it.I dealt with this crapulence for allmost 2 weeks and then finally went through his insurance company.I did get a police report
done the same day to cover my end of things.I got taken care of and his insurance gets jacked up because he backed out without looking.

Worst case scenario for something like this is a parking lot.If both vehicles
are running then it is automatically 50/50 responsiblity unless one person did something blatantly stupid and you have an independant witness to back it up.

In short allways exchange information and file a police report if you are not at fault.If the other person wants to settle with cash make sure you get
enough cash to cover the damage.If you are at fault and opt for the cash route be prepared to pay to save your insurance rate as bodywork is not cheap and it does not take much to do $3000 in damage to a car/truck.

FTH

tri777 · #21 10-29-2013, 08:47 PM

Quote:

Originally Posted by 1000yards

"..they gave her some cash and declined to swap info .."

How much cash?

TriggerHappyHippy · #22 10-29-2013, 08:59 PM

anything over $2000 damage has to be reported to police

wildcat111 · #23 10-29-2013, 09:24 PM

tell her to go file a police report and get ahold of her insurance company, all she has to do is let them know that she felt intimidated by these guys, and that it was dark, ect,ect, most likely the insurance company well call theres and go from there.whats the worst that can happen

ren008 · #24 10-29-2013, 11:47 PM

Now the MIL goes to file a police report/gets insurance involved, and is still holding the cash given to her?? How does that work exactly?? Free money I guess if insurance comes through.

Unless she was outright intimidated/threatened, it's settled by any decent measure IMO. Deals a deal. Good learning experience though.

Kim473 · #25 10-30-2013, 03:40 AM

What money ? You got a reciept ?

Ebrand · #26 10-30-2013, 04:38 AM

Is not an option.

From the Traffic Safety Act.

Duty of driver, etc. re accident
69(1) Where an accident in which a vehicle is involved occurs on
a highway, the driver or other person in charge of any vehicle that
was directly or indirectly involved in the accident shall
(a) remain at the scene of the accident or, if the person has
left the scene of the accident, immediately return to the
scene of the accident unless otherwise directed by a peace
officer,
(b) render all reasonable assistance, and
(c) produce in writing to anyone sustaining loss or injury, to
any peace officer and to any witness all or such of the
following information as is requested:
(i) that person’s name and address
(ii) the number of that person’s operator’s licence;
(iii) the name and address of the registered owner of the
vehicle;
(iv) the licence plate number of the vehicle;
(v) a financial responsibility card issued in respect of
that vehicle.

(2) The driver of a vehicle that
(a) is involved in an accident with an unattended vehicle shall
stop at the scene of the accident and shall forthwith or as
soon after the accident as is practicable
(i) locate and notify the owner or person in charge of the
unattended vehicle of the name and address of the
driver, the number of the driver’s operator’s licence
and the licence plate number of the vehicle that was
involved in the accident with the unattended vehicle,
or
(ii) leave in a conspicuous place in or on the unattended
vehicle a written notice giving the name and address
of the driver, the number of the driver’s operator’s
licence and the licence plate number of the vehicle
that was involved in the accident with the unattended
vehicle,
or
(b) is involved in an accident resulting in damage to property
on or adjacent to a highway shall forthwith or as soon
after the accident as is practicable take reasonable steps to
locate and notify the owner or person in charge of the
property of the fact and of the name and address of the
driver, the number of the driver’s operator’s licence and
the licence plate number of the vehicle.
(3) If the driver of a vehicle is incapable of providing the
information required by subsection (1) or (2) and there is another
occupant of the vehicle capable of providing the information, the
occupant shall provide the information required to be provided by
the driver.
(4) If the information has not been provided under subsection (1),
(2) or (3) and the driver or occupant of the vehicle is not the owner
of the vehicle, the owner shall forthwith on determining that that
owner’s vehicle has been involved in an accident provide the
information required under those subsections. RSA 2000
Section 70 Chapter T-6

77
TRAFFIC SAFETY ACT

(5) If the driver of a vehicle is alone at the time of an accident, is
the owner of the vehicle and is incapable of providing the
information required by subsection (1) or (2), that person shall
provide the information forthwith after becoming capable of doing
so.
(6) When a vehicle that has been involved in an accident is
damaged to the extent that it cannot be moved under its own power,
the registered owner or the driver of the vehicle shall, after
complying with subsection (1) or (2), forthwith make arrangements
for the motor vehicle to be removed from the highway.
(7) Notwithstanding subsection (6), if the registered owner or the
driver of the vehicle fails to make or is incapable of making
arrangements to move the vehicle, a peace officer
(a) may make the arrangements to move the vehicle on the
owner’s or driver’s behalf, and
(b) on making arrangements to move the vehicle, shall notify
the registered owner of the vehicle of the disposition of
the vehicle.
(8) If arrangements to move a vehicle have been made by a peace
officer pursuant to subsection (7), the motor vehicle is deemed to
be an abandoned motor vehicle.

If you are involved and you ask for any of this information and don't get it. Call the police and explain that the driver is refusing to provide their information.

Have your MIL call the police and her insurance company.They will tell her where she stands.

Get a camera in every vehicle you own. Take pictures of everything you can.
get their plate number and damages to both vehicles recorded.

Cash on the side of the road is a really bad idea. You MIL may have to try and deal with false information about how much damage was done ( how is she going to prove that there was not damage before the crash or did not do more damage after the crash? or that the other vehicle is claiming accurate damage? Leaves too much room for screwing around. Take pictures and exchange information.

Settling for "cash" should only be done formally through a repair shop.

If buddy wants to pay for the damages, then do that once the damage has been professionally assessed and repaired. He can pay the shop for the repairs our of pocket and keep his insurance out of it if he wants. What you need is the vehicle fixed properly.

Anyone who accepts/demands cash roadside is really shady or setting themselves up to get screwed.

How is your MIL going to explain that she accepted say $500. Buddy says he gave her $1000. Someone is lying and it is going to cause stress no matter how it plays out.

Always exchange information and if you are not satisfied with the information call the police.

MAKE SURE YOUR KIDS AND WIFE LEARN THIS AS WELL!!!!

Good Luck.

FishingMOM · #27 10-30-2013, 04:59 AM

Accidents

CALL POLICE!
Give the info required by law
Say nothing else.
They offer to not call insurance or police or offer you cash......... say talk to my lawyer. Refer back to CALL POLICE.

Their insurance calls playing lets make a deal ..... say talk to my lawyer.

You dont have to have a lawyer, but it gives you time to deal with things so that your not pushed into something.

Putter1022 · #28 10-30-2013, 09:48 AM

Similar problem here. Son was in an accident at a four way stop. Driver admits fault and is very apologetic then denies fault after the fact. Police were called but never showed up. Now the insurance company wantss to hang him with being at fault. Anyone know if it is worth fighting this? How much is a lawyer going to charge to fight this?

wildcat111 · #29 11-03-2013, 10:08 PM

Quote:

Originally Posted by Putter1022

Similar problem here. Son was in an accident at a four way stop. Driver admits fault and is very apologetic then denies fault after the fact. Police were called but never showed up. Now the insurance company wantss to hang him with being at fault. Anyone know if it is worth fighting this? How much is a lawyer going to charge to fight this?

even if hes wins his case the lawyers fees are going to be gross, most lawyers are 400 an hr or up.he may be able to argue this out with the insurance company without getting a lawyer, were there any witnesses or traffic cameras.