Legal Question in Traffic Law in Maryland

Settling a traffic accident without going thru the insurance company

My son was involved in a minor traffic accident involving a friend. While approaching a stop light, his friend stopped abruptly, slamming his brakes to stop for a red light. My son, who was following him, in turn slammed on his brakes, and slid into the rear bumper of his friends car.It was also raining at this time. Minor damage was incurred(some paint scratching, a crack under the bumper). No damage was done to my son's car. He would like to settle without going thru the insurance company. My son is insured with maif. We would like to know how to approach this so he is protected from future allegations. They want estimate from a dealership. How can we be assured he is getting a fair estimate for the repair? Should he have the mother(owner of vehicle)sign a form stating no other obligations will be necessary in the future? If the friends mother trys to take advantage of the situation, should the matter go to court? Does my son have to report this incident if he is willing to pay? Is he automatically at fault because the accident was from the rear? No witnesses are involved or police. If the mother wants to go thru the insurance com., is my son obligated to give her that information? .


Asked on 4/19/03, 10:24 am

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Settling a traffic accident without going thru the insurance company

It sounds as if your son is at fault. Here's why. Not only did he not have control of his car, but arguably he was driving to fast for the conditions. More importantly, he was approaching a red light and should have been slowing to obey the light. However, if the other driver "slammed" the brakes without reason then there may be another conclusion.

You certainly can settle outside of insurance. Often this makes sense where insurance rates are high and the damage is relatively minor. I would caution you with settling without a properly drafted waiver. The settlement needs to be done properly or you will remain at risk of a future suit, that is until the statute of limitations runs which, in this case, is 3 years on a tort recovery.

Contact me should you desire assistance.

Joe Holthaus

(410) 799-90002

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Answered on 4/19/03, 6:47 pm


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