Allowing an at-fault party to pay out-of-pocket.
November 10, 2005 1:36 PM Subscribe
I got rear-ended by a drunk driver. They're offering to pay the damage outright versus going through the insurance company. Do I take the offer?
posted by eschatfische to Law & Government (40 answers total)
Long story short: I had been stopped at a red light for over a minute. She plowed into the back of my truck. The cops cited her for DWI, and she's listed as completely at fault on the police report. We're both OK healthwise. There was damage to both cars, both were drivable.
I filed a claim with my insurance; she has a policy with the same company. They contacted her about the claim (she didn't report it) and she said that she was willing to pay my damages out of pocket to avoid the claim. On the other hand, I could continue with the claim through my insurance. Either way, my deductible will be covered because she's fully at fault.
So, do I take the offer? It doesn't do much for me, really, but it'd be nice for her, given that her policy won't skyrocket as much as they normally would (note: the insurance company already knows about the DUI). On the other hand, she was driving drunk -- this is the second time I've been hit by a drunk driver, it scares me to death that people are driving drunk, and to be honest, I don't feel a whole lot of benevolence here.
Which, then, is the better thing to do, financially and ethically: allow her to pay out of pocket, or pursue the claim with my insurance? If I allow her to pay out of pocket, will that impede or change in any way her drunk-driving citation? (I really don't want it to make that penalty more lenient with the law, and I don't want it to go off her record). Or is it a bad idea to allow the other driver to pay out of pocket at all?
Any advice would be appreciated, thanks!
(I'm putting this under "law and government," since I have no idea where else this would go -- it touches on so many categories.)