LEGAL ADVICE - Rear End Accident

[daixloxbmw]

my intention (originally) was to settle this without involving insurance. i would have been glad to pay out of pocket for the damage on his cobalt, which i estimate would have been no more than $500. in fact, i would have probably threw in an extra $200 for his inconvenience and as a token my appreciation for being understanding.

however, the last time we spoke (on monday) he mentioned something about going to the hospital for a check up and taking some meds for his pain, all of which i think is completely bogus. if he plans to claim bodily injury, then i have no choice but to involve my insurance company since i will not want to pay out of pocket for any medical bills.

since monday, he has avoided my calls and never replied to my voicemails so hes probably already filed a claim.

Originally Posted by spectrumphoto

Lets clear a few things up....

If you wish to handle this on your own without involving insurance companies then you should get a lawyer at the very least to draw up paperwork releasing your from any future liability for the repair cost and/or $xxxx paid to the person who you hit (passenger would need to sign too)

If you do involve your insurance company, there is NO NEED to seek out and hire an attorney. Your insurance company will provide you one of their in-house attorneys unless this gets complicated then your insurance company will provide a contracted attorney to pursue the matter. All this is part of your policy so don't worry about it (unless the other party is claiming injurys/damages above your policy limits)

Without actually giving you formal advice, if the other party is claiming to have gone to a doctor and is on meds, ect. for discomfort then get your insurance company involved as a precaution in protecting your assets. If the other party is being cool then look into just paying cash out of pocket for the repair (Bumper skin, prep&paint, probably 2 bumper shocks, install) and have him provide you with a repair estimate and when you pay them get everything in writing

[daixloxbmw]

what does that mean though?

so if i meet that threshold amount... then what? does it mean i have a chance at claiming no-fault and/or possibly blame the weather?

thanks for all the advice guys!

Originally Posted by yomama69

Massachusetts is a quantitative no-fault state. You have to meet a monetary threshold amount. I have no idea what it is.

[ideliver]

in a "no-fault" state....you each pay your own, regardless of fault...it forces everyone to insure themselves and deters lawsuits for "soft tissue" injury