Legal Question in Insurance Law in California
Insurance claims and who is at fault
If an minor accidents happens and I paid the person at the scene, police took no report and noone was hurt would both cars be paid by their own insurance company?
2 Answers from Attorneys
Re: Insurance claims and who is at fault
Why would you pay the person at the scene and then have each person get their car fixed by their own insurance? If you are going to pay someone at the scene, and I urge you strongly not to, then the insurance companies should not be involved at all. If you pay them for their damage and then they report a claim to their insurance company, it could be considered insurance fraud.
If you decide to pay them, you should make sure they sign a release of all claims. Otherwise, they could take your money and come after you for more!
Re: Insurance claims and who is at fault
People usually pay someone else at the scene to avoid making an insurance claim. Depending on the type of insurance you carry, if you report the accident, you might have coverage to repair your car reduced by the amount of your deductible. Don't forget that, if the accident caused over $750 in damage to the other vehicle, it must be reported to the DMV, according to Vehicle Code � 16000.
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