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  #1  
Old 09-12-2012, 10:00 PM
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snrusnak snrusnak is offline
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Default Front bumper help(accident)

So to make a long story even longer...

Basically a lady backed into me this morning at a red light(don't ask...) and then left the scene. I followed(instinctive). When she finally stopped at her house she acted like she didn't leave the scene and meant to drive miles to her house to pull over. She does not have insurance. I talked with her husband, as she decided she was not a participant and left. I called the police and got their information. The damage appeared at the moment to be extremely minor(basically a scratch on the upper bumper fascia). The police said that since the damage appeared to be under $500 they were not doing a report. ALSO they said that since we both left the scene of the accident they couldn't do anything. I talked to them about the no insurance, leaving the scene, and leaving afterwards and they won't do anything. Say without a police report they won't do anything and for the reasons above they won't do a report.

So I pay for insurance, I get hit(no fault to me), she has no insurance, hits me, and leaves the scene and I get screwed and she gets nothing due to what I'm going to call "technicalities". OK, WHATEVER

So at least the husband is somewhat willing to work with me. He is at least communicating with me, agreeing they are in the wrong. He wants me to bring the truck to "his buddy" who is a "specialist". It's like 2 hours from my house. NO THANKS. I went to get a local quote and while there standing far back off the truck you can see much more damage. Something is wrong, not sure what(bent bumper, bent bumper brackets, or bumper is pushed and needs readjusted). The body shop said they can't give a quote without taking it apart. I know for a fact the bumper is at least $500 for the part and probably more. So this is looking like at least $1,000 maybe even $1,500 or $2,000+.

I tell the husband and he basically is telling me to go see his buddy or F off. I'm pretty much to the point where I'm on my own. Seems like he is not willing to actually put up any money for this(I guess he would get his buddy to labor for free....but with parts involved I'm probably screwed). So I am probably going to end up getting little to nothing from him.

So, I'm thinking if I'm going to replace the bumper I oughta get the sport bumper. I know this is a newb thing to do but since I need to price it asap can someone post some links or helpful info for me to price the whole front end bumper setup?

Thanks. So pissed about this. The insurance shit in FL is so F'd up. I've known like 5 people that similar things have happened to where they have insurance, someone hits them, they get stuck with it paying themselves and the other person gets nothing.

Oh and I could turn it in to my insurance but there's the deductible and possibility of my rate going up. I just switched companys like 2 weeks ago so don't really want to make a claim.
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Old 09-12-2012, 10:05 PM
davidgcet davidgcet is offline
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if the damage IS over 500.00 you should be able to go back and file a report. at least that is how it is here in MS, i would assume you can do it in other states.

if you have uninsured motorist, that will not count against you nor raise your rates. at least it won't with any reputable insurance company.
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Old 09-12-2012, 10:17 PM
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Thanks david. So if I see what happens with this guy say tomorrow or over the next two days and nothing comes of it, could I still then file the report(in your state anyway)?

I do have unisured motorist, my insurer is mercury I believe they are reputable. My issue is I JUST switched to them(did not have uninsured before with 21st). So my rates would not raise?
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Old 09-12-2012, 10:32 PM
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Where I am...if you're not at fault they can't raise your rates.

I'd go down to the police station because they at least have to have a desk card (accounts for the officer's time) even if he wouldn't take a report. I'd ask to speak to at least a Sgt., and explain to him that due to the extenuating circumstances you HAD to leave the scene otherwise she would have just left and you'd still be in the same boat.

Had you just sat there and called the police, they would have had to go to her house...if her address was correct, etc...

Your only option was to follow her and you should not be penalized for it.

I'd THINK that the higher up you went the smarter they'd get and understand your dilemma.

If not anything else wouldn't it be a criminal act of assault with a weapon, assault by auto, destruction of private property? I'd think that an officer would think differently if you pressed the issues and did a little research on those terms and what they could be defined by.
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Old 09-12-2012, 10:37 PM
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I did follow up but it got me no where. It's out of town so to go in person I'd have to go far away and honestly just isn't worth it to drive that far to maybe get no where. I've called and spoken to people and basically the response I get is "was a report filed? No? Well then nothing can be done". After telling them they refused to do a report they still say nothing can be done because it's in the past, they can't say what actually happened at this point.

FL is a no fault state unfortunately.

If filing a claim won't raise my rates I'll do that. But I even called the insurance company and they couldn't tell me if they'd raise or not.
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Old 09-12-2012, 10:45 PM
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Folks have more input to give than me but bummer and sorry to hear what happened.
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Old 09-12-2012, 10:46 PM
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does FL require insurance? here in SD its mandatory, and without it your 100% liable for all damages.

should this turn even more sour, you have some solid grounds for a small claims case too man. ESPECIALLY since the PD refused to do a report, and her fleeing
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Old 09-12-2012, 10:46 PM
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I just did some research and it's called Culpable Negligence or Criminal Negligence

http://www.flcourts18.org/PDF/civil.pdf

Negligence is the failure to use reasonable care, that is, when you do something that a reasonably careful person wouldn't do under the circumstances. Reasonable care on the part of a professional, like a doctor or lawyer, is recognized as acceptable if it follows the standards of practice in that profession. Otherwise, we need to look at the definition of negligence under the law.

"The Florida Supreme Court, via The Supreme Court Committee on Standard Jury Instructions, has defined negligence in the following manner:

"Negligence is the failure to use reasonable care. Reasonable care is that degree of care which a reasonably careful person would use under like circumstances. Negligence may consist either in doing something that a reasonably careful person would not do under like circumstances or in failing to do something that a reasonably careful person would do under like circumstances." (Florida Standard Jury Instructions, 4.1)"

A reasonable person would not have left the scene. I would think that since there was property damage and she knowingly left the scene of the accident you'd have some luck speaking with a superior officer.

Leaving the scene of the accident is a criminal offence and raises the issue to criminal negligence.

I might even go as far as to find out if they have homeowner's insurance and talk to a lawyer. If he has a free consultation and winds up costing you 500-1000 for the case you'd still save 1000 if it's 2000

Last edited by Warlock III; 09-12-2012 at 10:53 PM.
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Old 09-12-2012, 10:50 PM
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He lives in Florida, guys...probably the state with the most screwed up insurance laws in the country. It's almost impossible to get someone that hits you to pay for the damages...that whole "no fault" thing is ridiculous.
I won't even drive my own vehicles there anymore...only company vehicles or rentals.
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Old 09-12-2012, 10:55 PM
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I agree with what all of you are saying but what unbroken said pretty much sums it up:

Quote:
He lives in Florida, guys...probably the state with the most screwed up insurance laws in the country. It's almost impossible to get someone that hits you to pay for the damages...that whole "no fault" thing is ridiculous.
Insurance is required, and it is illegal to drive without it. However law enforcement does not enforce it and does basically nothing about it. I think I read that over 50% of drivers in FL carry no insurance and another 25% are underinsured(minimum).

I could go to court but won't, I know I'll get nothing. I've known other people with much better cases go through it and get nowhere(and eat the cost). My brother went through a case where someone stole his car and wrecked it(got in a high speed chase) and he got nothing and had to pay his own costs associated with going after the guy(he may have been reimbursed for that by his insurance company....not sure. But his insurance company wasn't even going to persue it, he had to himself).

Basically if the guy doesn't want to do anything they are off the hook and I'm screwed. So I need to either:

1) let it be
2) fix it and pay myself
3) file a claim(hope insurance doesn't go up??)
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Last edited by snrusnak; 09-12-2012 at 10:57 PM.
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