1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Can I cancel an insurance claim?

Discussion in 'Auto Accidents, Injuries' started by creamsaver, Aug 7, 2011.

Thread Status:
Not open for further replies.
  1. creamsaver

    creamsaver Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    On June 8 of this year I was involved in a minor car accident with another driver. There were no injuries.
    The other party was from out of state and driving an avis rental car (did not buy the avis insurance). She failed to follow the curve of the road and strayed into my lane. She was however traveling for work and her work insured her through travelers insurance.

    Initially I reported to accident to avis rental and my insurance.
    The lady also reported the accident to avis and her works insurance (travelers)
    Appriasers came out and surveyed the damage to each vehicle.
    The damage to the rental car was $500. The damage to my vehicle was $1300.

    Our insurance companies made contact with eachother and each of them took the side of their insured.
    My insurance paid me out minus my $1000 deductible so I got $300 bucks.
    Avis sent me a claim asking me to pay for their damages ($500)
    This claim was forwarded to my insurance who denied it.

    Now my insurance said the claim will go to arbitration once travelers initiates it and a neutral third party will decide whose at fault. (Seriously not my fault) At the scene when I explained to the lady what happened she looked me dead in the eye and said "your word against mine". There were also no witnesses and the cops in San Francisco dont respond to non-injury accidents.

    My question is this. I have not filed an SR1 form. I've read that if an accident does not cause injury and the total damages dont exceed $750 it does not have to be reported. Can I cancel the claim with both companies. Im willing to repay the $300 my insurance company gave me, to forget about the $1000 deductible I had to come out of my pocket for and also pay the $500 to the rental car company.

    Im going to be starting a new job that requires a clean dmv. No point and no accidents on my record. It seriously wasn't my fault but i dont want to risk this at arbitration.
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    10,951
    Likes Received:
    1,808
    Trophy Points:
    113

    Whether you cancel the claim or not, the damage was well in excess of $750 and you are required to fill out the SR-1. If you do not send in an SR-1 and the DMV learns of the accident, either from your insurance company or the rental company, then your license could be suspended.

    At any rate- your insurance claim has already been processed and paid. I don't think you will have much luck reversing anything at this point. Had you canceled it right away before they took any action you might have some luck.
     
  3. creamsaver

    creamsaver Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Yes. I am definetly afraid of the DMV finding out through the insurance companies. And yes the damage was considerably over $750.

    I was thinking of calling my insurance company and telling them to drop the claim and that I would reimburse them their $300 and save them some work. They didnt report the accident to the DMV and wont they said its my responsibilty.

    Then I was going to call the car rental company to see if the other insurance company had paid them. If not I was going to offer to pay them in full on condition that they drop their damage claim against travelers.

    I was then going to call travelers and offer to pay the damages, without admitting fault so long as they do not report the accident to the dmv.

    Essentially, what im thinking is that if I don't claim any damages and just pay for the rental cars damage then the cost of the accident will be below $750 dollars and my dmv print out will be clean. As of right now its clean.

    Do you think my plan is legal? Good?
     
  4. army judge

    army judge Super Moderator

    Messages:
    31,771
    Likes Received:
    4,734
    Trophy Points:
    113

    I think someone will throw (or has already thrown) a wrench in your plan.
     
  5. army judge

    army judge Super Moderator

    Messages:
    31,771
    Likes Received:
    4,734
    Trophy Points:
    113

    Once you agree to pay, be ready for the woman to claim several medical problems.

    You might want to speak with a lawyer.
     
  6. mightymoose

    mightymoose Moderator

    Messages:
    10,951
    Likes Received:
    1,808
    Trophy Points:
    113

    Many insurance companies will make that SR-1 report for you.... it may already be done. If not by your company, then possibly by the other.
     
  7. mightymoose

    mightymoose Moderator

    Messages:
    10,951
    Likes Received:
    1,808
    Trophy Points:
    113

    No, certainly not legal, although you could get lucky and get away with it. If the DMV finds out about it you are likely to first get a notice reminding you to submit an SR-1 before they actually suspend your license... so you could take your chances.

    Just because you don't claim any damages on your vehicle doesn't mean the damages didn't occur. The SR-1 has nothing to do with what is claimed. It is about actual damages, and these days just about anything goes over $750.

    I am not certain if what you are scheming here amounts to fraud or not... though I'm thinking its not. It is just a dangerous line to walk when your drivers license is on the line.

    Many insurance companies forgive your first accident and it does not effect your insurance rate... if that is your concern you might check in to that.
     
  8. creamsaver

    creamsaver Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    thanks guys. im going to go ahead and let insurance handle this. it seriously wasn't my fault so we'll see what the arbitrators say.
     

Share This Page

Thread Status:
Not open for further replies.