OHTA.ca

Hi there, I am really hoping that somebody can give me some advice on what to do.

I was involved in an accident in mid-November (I rear ended the guy, but he braked suddenly). At the time, I didn't have any insurance, because I had gotten a new credit card and called my insurance company to update the payment method, but they never actually processed it. I was in BC for work when they sent me a registered letter cancelling my auto insurance. At the time of the accident, I was actively searching for insurance, and was covered a couple of days later, but that's neither here nor there.

Anyway, we pull over, and I ask the guy if he'd be willing to settle it among us, and not get insurance involved. He said sure, and we went our merry way. He messages me later that day, saying the shop told him it will cost about $1,400, so I e-transfer him the money.

Fast forward to today (a month and a half later), he messages me that the body shop is now telling him that the damage is more extensive (they had to order parts, which delayed the repairs) and that I owe him another $3,000, or he can claim it through insurance. Neither of us reported it to the police at the time of the accident, and he didn't try and claim it through insurance. My questions are:

- If he claims it through insurance right now (and say they accept the claim), are they going to sue me to recover costs after? And will they call me to try and determine fault, or will I be 100% at fault?

- Once the insurance company finds out that I didn't have insurance at the time of the accident, are they going to report it to the cops? Or if he goes to the cops to report it now, what are the odds that they are going to come after me to charge me with driving without insurance? Like I said, I am currently insured, and have been since a couple of days after the accident, but at the time, I didn't have any coverage.

- Should I just pay this guy? I've told him that if I pay, I want him to sign a release of liability form, and he is going to go to the shop to make sure it's the final number.

I don't know where else to ask, and I'm hoping folks might be able to give me some advice. Thanks so much.

I would just pay it and chalk it up to life experience. It would still be cheaper than a driving without insurance charge. Remember he's the one doing you a HUGE favor.

I ended up just paying the guy. I didn't want to take the risk, because even if it's a small chance that the cops get involved, that's gonna get me the driving without insurance charge and a huge jump in rates. Even if the cops don't get involved, I don't want a 100% fault accident on my record.