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Old 06-05-2009, 08:59 AM   #1
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I hit a 2007 Tacoma extended cab =[

Seeking the advice of others on this...

SHORT VERSION: I am at fault in an accident where I hit an expensive truck operated by a driver without a proper license and both of our vehicles only suffered cosmetic damage. Do I pay for his repairs when no insurance or police report is involved?

LONG VERSION:

Last night whilst driving I ended up behind a 2007 Tacoma that was driving pretty slow. The driver flicked on his left turn signal and I, like many others would, proceeded to go around him on the right (no stop sign or light). Of course just as I'm almost next to him, he flips on his right signal instead and starts turning right in front of my car (since I was on the right of his vehicle). I SLAMMED on my brakes and somehow, even though I had been doing a solid 45 MPH before braking, managed to barely dent his truck, and aside from taking off a considerable amount of paint from the front left fender I tore off my driver's side mirror.

Now I know I am technically at fault because you aren't supposed to pass on the right (we all do it though), but the dude was extremely nice about it, doesn't wanna involve insurance or call the police. I knew it was sketchy but I figured it would work out for both of us since I didn't really want to make a claim on my insurance and add points since I would be the one at fault. I followed him to his house since it was just down the road and we exchanged contact info and he said since I was at fault he would get an estimate and we could see about me paying out of pocket. It seemed like they (there were others at his house) were legitimately gonna get his dent fixed, but I know that would real expensive... And here's the kicker: the guy tells me he basically is driving on a suspended license, that he only has a CDL (I thought you could operate any vehicle with one of those?) and he could lose his job for having been driving the Tacoma, so that's why he didn't wanna file a police report...

I mean I figure this gives me the upper hand. I don't wanna screw anyone over, especially because he was so nice and there were a few people at his house who could have tried bullying me or something and they didn't... in fact under the circumstances it wasn't very stressful at all. But could I technically just say it and ignore if he calls and not really have to feel bad because his truck is completely driveable, it just has a dent now. Plus he shouldn't have been driving anyway... and FYI the info we exchanged was name, phone number, vehicle and plate numbers. Any input on what to do here?


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Old 06-05-2009, 09:13 AM   #2
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it sounds like he may have done an improper lane change or failure to yield. are u sure youre at fault??????

for teh record, im am ADVISING you to take proper steps to protect yourself. i understnd you dont want to screw anyone over but if you dont protect yourself, they can screw you over. if he doesnt have proper documentation to operate a motor vehicle... tough. it is his responsibility to prepare himself with a valid license and documentation at all times. i know people have been doing this for years, but just please be careful!
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Old 06-05-2009, 09:20 AM   #3
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Actually, you are allowed to pass on the right IF... there is pavement, or the same material type on the right. Did you have to go off the road at all??? And I would agree that seems like an improper lane change. I would find out for sure!!!
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Old 06-05-2009, 09:20 AM   #4
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it sounds like he may have done an improper lane change or failure to yield. are u sure youre at fault??????
Well as far as I know passing on the right isn't permitted in a single lane road... Either way it isn't worth it to involve insurance or get in some battle with the guy yet because we would both get screwed.
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Old 06-05-2009, 09:26 AM   #5
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and he'd get hit with the improper liscence!
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Old 06-05-2009, 09:28 AM   #6
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Actually, you are allowed to pass on the right IF... there is pavement, or the same material type on the right. Did you have to go off the road at all??? And I would agree that seems like an improper lane change. I would find out for sure!!!
Hmm well if I was actually not at fault, didn't I kinda miss the boat now? No police report filed, it's the next day, etc. Should I just tell him to screw off and I'm not doing a thing about his dent and leave it at that?

Hmm it appears you are right too about passing on the right. The only witnesses though were his wife in the passenger seat and I doubt she'd side with me, lol. http://www.nydmv.state.ny.us/dmanual...r06-manual.htm
It still doesn't seem worth it to get in some battle in order to get him to pay for a side mirror... my insurance rates will go up even if I'm not at fault and it's bad enough since I'm under 25.
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Old 06-05-2009, 09:28 AM   #7
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oh yea, if you went over a solid white line or into dirt to pass the guy you are at fault :(
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Old 06-05-2009, 09:32 AM   #8
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oh yea, if you went over a solid white line or into dirt to pass the guy you are at fault :(
I was definitely not in dirt since there was a curb on the corner but I believe there was no white line since the turn was coming up.
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Old 06-05-2009, 09:36 AM   #9
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I was definitely not in dirt since there was a curb on the corner but I believe there was no white line since the turn was coming up.
then it sounds like you may not have been at fault...
it sounds like you have good reason to pay for it out of pocket so i would say go that route but it kinda sucks because this accident may not have been your fault at all but you admitted blame for it.
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Old 06-05-2009, 10:06 AM   #10
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it kinda sucks because this accident may not have been your fault at all but you admitted blame for it.
I never really claimed fault we both just kinda assumed it. I told him though that he had his left signal on so I was going to pass him on the right until he decided to change his mind as I was almost beside him. I was under the impression passing on the right was not permitted in a single lane road under any circumstance so my assumption I'm at fault was based on that. And there's no police report to back up either side so it's my word against his, and he didn't seem like the type of guy to push this if I just tell him to suck my balls if he wants me to pay for his repair.
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