Help! Co-Worker Doesn't Want Me To File Insurance Claim

Lounge By sweetlayers Updated 15 Sep 2012 , 1:43am by sweetlayers

sweetlayers Posted 7 Sep 2012 , 7:00pm
post #1 of 11

This morning on the way to work my co-worker rear ended me. He was apologetic but did not want me to file with the insurance company. I called the police and had them come and write a report, but my co-worker says he will pay for it if I don't go through insurance. He did not want to come downstairs either to talk to the police.

Is this the right or thing to do? I don't want his payments to go up but I feel like I he is being overly assertive about the issue. Am I looking at this wrong? Plus, I'm feeling pressure from my spouse to call and file the claim.

Can someone give advice asap?

10 replies
BakingIrene Posted 7 Sep 2012 , 7:12pm
post #2 of 11

Call the police officer and discuss this with them. If this guy has multiple rear end collisions on his record then the police can go and explain your rights to him.

Ask the police if you need to notify your HR department. This person has no right to make your workplace hostile if you choose to file a claim.

DeliciousDesserts Posted 7 Sep 2012 , 10:58pm
post #3 of 11

Hard place. First, go directly to HR & let them know what happened. No one has to get in trouble, but they should know about it.

Having a police report covers you. You have proof it happened. That gives you the option of choosing to go the insurance route or directly having him pay. It also gives you the option of doing both. You can give him an opportunity. If he isn't quick enough, you file.

If you haven't already, you should notify YOUR insurance company. Again, everyone has the option of not filing a claim. Just CYA.

If you decide to give this guy a break, I have suggestions. Go get an estimate NOW. Give it to him. He has exactly 1 week to pay. If he doesn't, call the insurance company. End of story. Not one single extra day. You shouldn't have to chase him.

Your husband is trying to protect you. He doesn't want this to drag out & end up in small claims court. That could happen if you don't have a police report. You do so you will still be able to change your mind and file a claim.

BlakesCakes Posted 7 Sep 2012 , 11:07pm
post #4 of 11

Sorry that this happened to you. It's always tough to deal with these types of things when it involves co-workers, friends, or family............much cleaner when it's an out-and-out stranger.

There is no "law" that says that a claim has to be put through an insurance company. A driver--generally--has to carry a certain minimum insurance, but we all have the choice to pay for damages out of pocket.

My DH & I don't put thru claims on insurance if the amount is easily handled out of pocket because the subsequent increase in premiums is usually more painful in the long run.

We have been the people offering to pay out pocket to another driver just once (knock on wood) when our 16 y.o. son was at fault for doing bumper damage to a car in a parking lot. The other driver was easy to work with and after she got estimates showing that the damage could be fixed for less than $200, she was happy to receive that exact amount from us. We don't even know if she used it to get the car fixed, nor do we care. She signed a document stating that the money constituted payment IN FULL, that it was of the end of issue, and that no insurance or legal claim would be filed in the future. It was pretty straightforward, really.

The tough parts come when trying to be unemotional about the issue and when getting the guilty party to pay up in a timely manner. Insurance claims take care of these--usually.

Your co-worker has to deal with this--one way or the other. If he doesn't want to put in an insurance claim, he either pays out of pocket willingly--or gets sued.

You can inform your insurance company of the accident, they can try to handle it for you. They may pay for your repairs and then go after the other guy directly and/or thru his insurance company. He's then risking his company coming back to him pretty PO'd & ready to drop him.............

You're free to get estimates on the cost of repairs. You can take those to the co-worker and see if he's prepared to pay for the repair out of pocket or if he changes his mind and files.

If he says he'll pay outright, you'll need to be tough. It's better to settle on a dollar amount and get it before any repairs are done (it means that you really have to have full knowledge of everything that needs to be done). If you'll need a rental, then he has to foot that bill. The larger the repair, the more complicated it will get.

In the end, you're in the driver's seat. Don't let him intimidate you, don't let him drag you around, give him deadlines (and you stick to them), keep good documentation of everything, don't make verbal agreements, back everything up in writing, and if all else fails, have a lawyer write a letter for you outlining reasonable demands to make you whole.

Good luck!
Rae

cake4mygirls Posted 8 Sep 2012 , 1:48am
post #5 of 11
Quote:
Originally Posted by sweetlayers

He did not want to come downstairs either to talk to the police.


icon_eek.gificon_eek.gif

Here leaving the scene of an accident is an offense and he would be charged for that on top of failure to stop or a more serious reckless driving. That would make me nervous that he is trying to avoid police.

I can understand not wanting to go through insurance but if you don't, and end up with injuries that crop up in the future you may not be able to get compensation for that.

sorry your in such a tough situation.

Apti Posted 8 Sep 2012 , 2:23am
post #6 of 11

If I was married and my husband said to file, I'd file. What is more important to you? Your husband's opinion and good relations at home or the possible problems with the co-worker?

You have the police report. Get two estimates ASAP. You may be shocked at the $$$ amount. Your co-worker may also be shocked at the $$$ amount. Look over YOUR insurance policy in detail BEFORE you call the insurance company. Do NOT volunteer information! Do you have uninsured motorist coverage for collision/comprehensive? What is your deductible. Does your insurance cover rental cars? Will this raise YOUR rates?

Did he show you his insurance and license at the time of the accident?

You did not say how badly your car was damaged. Is it cosmetic? Does it impair your ability to drive? Will you have to rent a car while that one is in the shop? Will you have to rent a car when you get an estimate? Did you have a whiplash of ANY kind?

Your co-worker's behavior raised about 20 red flags. Chances are that he does not have legal insurance and may not have a legal license.
THAT IS NOT YOUR FAULT. He hit you.

Here's a generic article that may be helpful:
"Is the Rear Driver in a Rear-End Collision Always Liable for the Car Accident?"
http://rueziffra.com/rear-end-collision-who-is-liable-rue-ziffra

Apti Posted 8 Sep 2012 , 2:24am
post #7 of 11

If I was married and my husband said to file, I'd file. What is more important to you? Your husband's opinion and good relations at home or the possible problems with the co-worker?

You have the police report. Get two estimates ASAP. You may be shocked at the $$$ amount. Your co-worker may also be shocked at the $$$ amount. Look over YOUR insurance policy in detail BEFORE you call the insurance company. Do NOT volunteer information! Do you have uninsured motorist coverage for collision/comprehensive? What is your deductible. Does your insurance cover rental cars? Will this raise YOUR rates?

Did he show you his insurance and license at the time of the accident?

You did not say how badly your car was damaged. Is it cosmetic? Does it impair your ability to drive? Will you have to rent a car while that one is in the shop? Will you have to rent a car when you get an estimate? Did you have a whiplash of ANY kind?

Your co-worker's behavior raised about 20 red flags. Chances are that he does not have legal insurance and may not have a legal license.
THAT IS NOT YOUR FAULT. He hit you.

Here's a generic article that may be helpful:
"Is the Rear Driver in a Rear-End Collision Always Liable for the Car Accident?"
http://rueziffra.com/rear-end-collision-who-is-liable-rue-ziffra

sweetlayers Posted 14 Sep 2012 , 7:47pm
post #8 of 11

Hi guys, thanks for all the advice. We did call the ins company. I had to think about it for a while because I didn't want to strain the work relationship. It is all good. Thanks again for your advice and help!

sweetlayers Posted 14 Sep 2012 , 7:49pm
post #9 of 11
Quote:
Originally Posted by Apti

If I was married and my husband said to file, I'd file. What is more important to you? Your husband's opinion and good relations at home or the possible problems with the co-worker?




This is exactly what caused me to make the decision I did. I'm so glad I took his advice. Life is much less stressful now because of it.

Apti Posted 14 Sep 2012 , 8:29pm
post #10 of 11

I'm so glad it has worked out well for you. Whew!!!

Has the issue been resolved yet, or is it still in the works?

sweetlayers Posted 15 Sep 2012 , 1:43am
post #11 of 11
Quote:
Originally Posted by Apti

I'm so glad it has worked out well for you. Whew!!!

Has the issue been resolved yet, or is it still in the works?




I took my spouses advice and it will all be over within the next week and a half. Thanks for giving me a sanity check.

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