Can I file a claim if we agreed to not pursue a claim but the other driver changed their mind?

I was recently involved in an accident with another driver. We both sideswiped each other, so neither of us knew who was at fault. The other driver said that they didn't want to call the police because they didn't have insurance, so we both agreed to not call the police or my insurance company. It's been a week and he is now texting me asking for my insurance info to file a claim. I have already paid to have my car fixed and I don't think this is fair. Can we still file a claim?

Aug 18, 2017 Jamaica, NY

Neil Richardson

Aug 18, 2017

It isn't too late to file a claim, even if you and the other driver agreed not to, since your insurance policy is intended to cover you after an accident. If you are considered to be at-fault in the accident then your company should pay for the damage caused to the other driver. It's even possible that you may be reimbursed for your own repairs if you can show proof of the damage to your vehicle from before the repairs were made. It's in your best interest to provide as much evidence from the accident scene as possible to help your insurance company make the correct fault determination.

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