When we arrived in San Francisco on Thursday, I rented a car. It was the first time I’d ever done so — we’ve never used one on vacation, and this was my first business trip. The whole car rental thing was a mystery to me.
When the man at the rental counter asked me what sort of insurance I wanted to purchase, I told him I had my own. In truth, I had forgotten to research my coverage. I was placing faith in what I’d read many times before — that car rentals are generally covered by your own auto insurance and by your credit card.
On Saturday we drove to Berkeley. Kris took me to a nice restaurant for my birthday lunch, and I made a stop at a comic book store. (Where I bought nothing, by the way — I’ve come a long way!) 
We were driving back on University Avenue, stopped at an intersection, when a car slammed into us from behind.
My first thought wasn’t about the safety of those in the accident, but about how I hadn’t purchased the rental company’s insurance. I got out of the car and walked back to talk to the other driver, a Hispanic man about my age. “Are you okay?” I asked. He was. “Do you have insurance?” I asked. He did not.
We pulled onto a side street. While he called his wife, I phoned the Berkeley police. I had no idea what to do in the situation, but I figured I had to file an accident report to have any hope of settling with rental company.
As we waited for the police to arrive, I tried to convince the other driver to exchange information with me. He was reluctant to do so. Eventually he gave his name as José Hernandez. “I can just pay you cash,” said José.
“I can’t do that,” I said. “Maybe if it was my own car, but it’s not.” His English was fairly good, but he couldn’t seem to understand that the car was a rental, and that we were only visiting from out of town. Together, we looked at the damage to the vehicles. The rear bumper of my car was destroyed, but everything else seemed fine. The front end of his vehicle was scrunched, but the damage was entirely cosmetic.
I felt bad. I knew that by reporting the accident, the relative financial consequences for José would probably be far more severe than they would be for me if I didn’t report it. He might lose his job (he was driving to work when the accident occurred), he was likely to be fined, and if he were in the U.S. illegally, he might even be deported. By reporting the accident, I might be ruining his life. If I didn’t report it, all that would happen to me is that my emergency fund would be drained.
The three police officers who arrived on the scene grasped the situation immediately. When I expressed my concerns, one of them nodded and said, “Yeah, it’s tough, but you had to make the call. If you were in your own car, I can see trying to take care of it privately. But you’re in a rental. You had to do this.”
Did I? Leaving aside all the things that José was doing wrong — driving without a license or insurance, rear-ending somebody, possibly being in the U.S. illegally — was my own decision the right one? In the heat of the moment, I acted almost instinctively to protect myself. In retrospect I wonder if there were better options.
When we got back to the hotel, I called my insurance company. The rental is covered under my policy. From what I can tell, the $250 deductible will even be reimbursed by my credit card company. In theory, all this minor accident will cost me is a couple hours of my time. But it’s going to cost José much more.
Image by Incase Designs, and is not our accident.
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I think if you really left aside that you were hit by someone without a license or insurance, you still made the right call here. As someone who was involved in an accident it’s really your responsibility to do this. I know the accident was pretty minor, but what would happen if you had some kind of medical issue as a result of the accident, or even José? The bumper might be nothing to replace, but suddenly you might have a pretty hefty medical bill.
I also think that although the consequences for the other driver are bad, it’s nothing that they couldn’t recover from. It also might be something that would get him to get a license and insurance in the future.
I’ve known several people that have been in accidents, given the other person the benefit of the doubt, and have been screwed over as a result. There is definitely a reason to be nice and helpful, but I can’t see the benefit of sticking your neck out financially in this situation.
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I think that you’re right to be concerned that the effects on Jose might be catastrophic. And, I certainly think that if you had been in your own car and made private arrangements that might have been better.
Being the agent of bad thing sucks. But, it’s not your fault, sometimes the risks other people take on play out this way with consequences that may be out of all proportion to the offence.
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I know how you feel: I’d be torn too. But, if you think about it, what if Jose is one of those reckless drivers that would have hit someone else, and this time killed them.
Wouldn’t you feel even worse? Yes, he may be in a lot of trouble now, but you may have saved someone else’s life. Just another thought!
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$250 Deductible? Now that you have an emergency fund you should think about raising that to at least $1000. You’ll likely save in the long run due to a hefty discount on your car insurance. I’ve always been told you should only pay to insure what you can’t afford to insure yourself (with a good emergency fund that $250-$1000 deductible range is definitely affordable). Not to mention that filing those small claims (sub $1000) probably won’t go over well with your insurance carrier.
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Hence the reason insurance is required. Good to know about the self-coverage situation, I’ll be sure to call my insurance company beforehand if I think I’ll be renting a vehicle.
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I don’t think there is anything to be torn about. Why should you have to endure any risk because someone else whom you’ve never met chose to drive without insurance; or even a license?
I would be F’N P’Oed. To the point that I’d be asking the police about pressing charges and asking for whatever possible to ensure he never drives again. Of course, you can’t take the ignorant fools license away . . . because he didn’t have one. He should do jail time.
P.S. My insurance covers me in rental cars, I made sure it did when we signed up for it. Plus in any non-owned car since I don’t want to worry when I borrow a friends car to run to the store and some a-hole with no insurance drives like an idiot. I pay extra because other people don’t.
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I think you did the right thing by reporting it.
I’m not sure what the local US laws are in relation to something like this, but in Australia, if the combined damage in a car accident is more than AUD$1000, you have to report it to the police.
Failing to report it can result in being charged with failing to report an accident, as well as causing issues when attempting to claim the repairs under insurance (the insurance companies will want to know the police report details).
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Same as Scott and Plonkee here. I believe you made the right call here, even though it was a tough one to make.
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I’d find it hard to feel any guilt for reporting the accident. The dude had no license, and no insurance, yet he accepted the risks and went out on the road anyways. Would it be different if he were drinking? Paying cash on the scene is what’s done in Mexico, but not here. He is 100% at fault. If you didn’t turn him in, he would just get in another possibly worse accident down the line, which he wouldn’t have been able to afford. If wealthy people didn’t prosecute less privileged people who damaged their property, we would become a lawless nation. What if Warren Buffett read-ended you, would you ask for more money than the actual damage, because he could afford it? Fault is fault, and the relative wealth of the at-fault shouldn’t be a factor.
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You may feel bad about what happened – knowing that the guy will suffer consequences of his actions – but the truth is, he signed up for those consequences. I’m all for people coming to this country and making a living and becoming citizens. I think that’s a VERY American thing to do. However, once you live in this country, you need to be a law-abiding citizen, and that includes being licensed and insured if you’re going to drive a car. I’m sure he could have been on a bus or riding a bicycle instead of driving a car illegally and ruining your weekend.
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I have to say I agree with Frugal Bachelor. Fault is fault, not to mention that since he rear ended you he is at fault. My personal feeling also are they if he is here illegally all the more reason to report it properly, he shouldn’t be here anyway.
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Putting aside other considerations (rental vehicle, sympathy for at-fault driver, possibly minor damage), as Scott mentioned, the risk of the other driving suing you alone is reason enough to report it. A police report goes a long way in preventing insurance fraud by the other driver.
I do not say this to insinuate anything about the driver in particular that hit you, only that it is almost always in your interest to have it reported when you are not at fault, and always when there is the slightest chance of any serious damage (which anything over 3-5 mph is a risk).
As Frugal Bachelor said, you should not feel guilt over reporting an accident.
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If someone is going to do something illegal, or stupid, he/she has to accept the fullest of the consequences before even starting. This applies to anything in a person’s life.
Everything that happened was the other driver’s fault. There is no question that you should have reported it.
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Personally, I think you did the right thing.
The lesson here is to do your research on what’s covered by your auto insurance before you go on a trip. One little phone call, 7 buttons on a phone and you can get a little peace of mind at the rental counter AND if you have an accident.
It could have been worse for Jose, he could’ve hit a trial lawyer!
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You did the right thing; no doubt. Think about yourself and your family first before considering the inconvenience to strangers. Especially those that ignore the risks of their behavior.
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What made you think that the other driver was in the country illegally was it because he was Hispanic? Because we have a lot of great us citizens that are Hispanic.
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You did totally the right thing.
I got in fender bender when I was a student, but had insurance. The woman who hit me, was my age, driving her uncle’s car.
After chasing her and her uncle for ages, hoping to settle it privately, and save my premiums, it became quite clear that none of them had any insurance. I ended up spending about $100 fixing my car and they were left with significantly more damage they had to pay for themselves.
Luckily no-one was hurt, but I stupidly didn’t call the police. Insurance should be mandatory for everyone’s protection, regardless of status.
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I am sorry to say but you shouldn’t really feel guilty about reporting the accident. The other driver made his choices to drive without a license or insurance and then hit you with his car (ok maybe he didn’t choose to do this but he did do it) These are his mistakes and you should feel no obligation what so ever to pay for his bad decisions.
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This is one of my worst nightmares. Can you even imagine if your insurance didn’t cover it???
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Feeling guilty? Why? B/c some unlicensed, uninsured, illegal alien driver ass-ended your rental car? No Way!
The LAW requires you to make an accident report. Your CONTRACT with the rental company requires you to make an accident report with the police. This way both you & him are protected. Now any possible medical issues are also covered by your car insurance & health insurance.
Don’t let a bleeding heart make you break the law or expose yourself to financial ruin!
Think of the costs that illegals impose on your taxes b/c of the government services they use…most w/o illegals paying any taxes themselves.
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Echoing the chorus above, you have nothing to feel guilty or torn about. Had your insurance NOT covered the rental car, should someone else have been responsible?
Perhaps a post on personal responsibility and the results of our choices, good and bad, would be an appropriate follow-up.
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I cried reading this because I too, would have made the same choices but would have felt the same sorrow. I am so sorry you experienced this and your personal struggle with this really touched me. Thank you for sharing a very personal experience and it makes me think about being prepared if I am ever faced with this decision. Bless you for the struggle you feel in your heart.
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JD –
Will your insurance cover the rental company’s lost revenue on the car while it’s being repaired? I believe that you agree to pay this in the agreements of many rental companies — and I thought that personal car insurance would NOT cover this portion of the claim.
Please correct me if I’m wrong — I’d love to know the “real” answer (versus what I think I know.)
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I’ve never heard of the lost revenue being covered, but JD isn’t liable for this accident as he didn’t cause it.
As for reporting this accident, JD, I’ve been in a rental car accident before that I wasn’t at fault for. You did the right thing reporting it. And I would caution you to watch every little thing the rental agency does because mine, even though the accident was not our fault, still came after us for the cost to the point where we had to take them to court to get the to cease and desist with a fradulent claim. And its a national car rental company. Make sure you have every bit of supporting documentation.
And, as far as the consequences of reporting the accident, I can tell you a story about my father, who was hit by a driver who sped through an intersection. Turned out that guy was an international fugitive from justice, and him clipping my dad’s rental was the break the cops needed in catching him. I doubt your guy is such, but well, its an interesting story!
Oh, and many years later I front ended a car backing up into a parking space. Since it was his car and my car, I had little desire to involve the insurance company for what was cosmetic damage. We exchanged information and he got two estimates for repair, the lowest one we had agreed I would pay. It was 800 bucks, which I paid to him in a cashier’s check. No problems since. I’ve been a much better driver after paying real money for my lack of concentration.
I do however, take issue with some commentators about their attitude towards immigrants. JD doesn’t know if Jose was illegal. Jose could have been on a work permit, or had a green card. There are a number of possibilities. Why are we jumping on the fear that he may have been an illegal when we have no facts to back that up?
I can hardly get upset at folks who are coming to our country to get ahead because their country is just that bad. Maybe its because I still remember being told 1 set of my grandparents came to this country through legal and non-legal channels to escape the Nazis. We don’t know if he was legal or illegal, and to assume that he is illegal because of his name and lack of insurance smacks of something this country needs to leave behind. We don’t know, and therefore, we shouldn’t assume. His status had no bearing on the fact that JD was right in reporting the accident.
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I agree that Jose pretty much accepted these consequences when he opted to drive; I think you made the right call JD. As for the cries for jailtime for Jose… really? Your attention has never lapsed and *almost* got you into an accident? Do you think you deserve jail time for it?
And mayrland, would you rather bathrooms not get cleaned or houses built?
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JD, the fact that he offered you cash indicates that he was aware of what was about to happen.
I do appreciate the compassion you have towards him though.
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One thing confuses me…
Where do you get the idea that he might have been in the country illegally? Simply because his name was Jose?
Sorry about the accident. I’m glad no one was hurt.
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That is a terrible situation to be in, but it may be instructive for the rest of us who empathize with folks in Jose’s situation.
Given that insurance covered the accident, what would have happened if you had let Jose leave?
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I don’t think, I know you did the right thing. All of the bad things that can happen to Jose he did to himself. He chose his own path, just like you chose to have insurance and be responsible for your own life. He chose to not be responsible for anything.
That being said, I’m not sure how bad his life will really be. No way they collect any money from him. If he does lose his job and get deported, he will just sneak back over, and probably end up with a very similiar job. We end up paying for his mistakes, because we do the right thing and have insurance.
This is a minor example of the credit/mortgage mess. The responsible people get punished for the irresponsible people’s behavior.
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I definitely understand why you’d be torn, but you did make the right decision. As others have stated, the next time he could kill somebody. This accident was his fault and you really had no other option. You did have to look out for yourself.
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Unlicensed, Uninsured, and perhaps illegal alien hits you in the rear and you feel guilty for calling the police???
Oh my gosh. You must be kidding. The guy is a law breaker. He chose to get behind the wheel under those conditions.
Punishment is not necesarily a bad thing. It has it’s purpose in life. It teaches us good things. I think you should feel guilty if you deprive him of THAT!
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JD,
I think you’re quandary is real and I would probably be concerned either way. I wanted to point something out in your post, and I am making remark of your comment about him possibly being illegal. Had you hit another non-Latino/Hispanic individual you would never have entered that into your processing so I think regardless of evidence that the Latino/Hispanic community makes up a large proportion of of our immigrant population both legal and illegal (http://usinfo.state.gov/
journals/itsv/0699/ijse/portrait.html), I think it is unfair to apply that to Mr. Jose and unfair to you to feel responsible for his consequences or choices. I just think it is not fair to him or you to project that unto him. If he is in all of those predicaments woe is him but he chose all of those things for whatever reasons not you.
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Again, to H_Roarke and Maryland, we have no confirmation that Jose was an illegal. He could have been many things. Such attitude is just as frightening to me as someone driving without a license.
Let’s handle the facts, and not make assumptions.
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You did what you had to do, legally and morally. You never know who you are dealing with, and by not reporting an accident you could set yourself up for a lawsuit later on (person leaves the scene appearing fine, decides they have a “neck injury” and sues you for pain and suffering). Without a police report you have nothing to help prove fault, and no written documentation of the accident. I would have done the same thing.
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J,
“I agree that Jose pretty much accepted these consequences when he opted to drive; I think you made the right call JD. As for the cries for jailtime for Jose… really? Your attention has never lapsed and *almost* got you into an accident? Do you think you deserve jail time for it?”
Actually, I have a license that allows me to operate a vehicle. I have my car inspected every year to make sure all the safety equipment is functioning. I replace my tires and brakes when needed to ensure the safety of my family. Plus I have insurance that covers me in case all of those precautions fail and I just HAD to turn up the radio while the deer ran across the street. . . that’s why most accidents don’t require someone jailed. This one there is only one person at fault, and that person chose to break the law in order and risk everyone else; he lost his bet, we shouldn’t.
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I know it’s hard, but remember not to feel responsible for putting Jose in this situation. His personal situation, his choices, the political situation, and his driving put him in this situation. Not you.
You did entirely the right thing, the police officer was right.
But dayahm, you’re lucky the insurance covered you! Naughty for not checking first. I mean, hell, that sounds like the sort of thing i’d do. :~P
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I sympathize with you as I was in an accident with a truck driver, who probably lost his career as a result. And I was just some punk teenager who should have known better than to hang out in the blind spot of a semi. I think your compassion does you a lot of credit.
Now might be a good time to leaf through a Greek tragedy from high school. Sometimes fate just puts you in a bad situation.
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let’s see what it’s like to comment from an iPhone. I’m in the airport.
First, of course there’s no way to know whether Jose is legal or not, and I’m not assuming he is. HOWEVeR based on a number of factors not germaine to this story, I do believe it’s possible.
Second, there’s no question he’s at fault and I know that. As someone else noted, I guess I just hate being the agent of I’ll fortune. Somebody else mentioned the possibility of a lawsuit if I had left the accident unreported. That’s a good point.
Finally, I do think it’s a good idea to raise my deductible!
More later when I get back to Oregon!
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Hang on, folks. The feeling that Jose might be an illegal alien seemed to have been brought about by an unwillingness to share information.
That said, JD, that you considered how this accident, which was not your fault, was going to affect the other person, shows that you are a considerate person, and makes you a good person in my book. On the other hand, you are not, cannot be, responsible for other people’s decisions and actions. Let’s all hope that Jose learned something positive from the experience.
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I like how the iphone turned ill into I’ll…
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I admire the fact that you thought about and considered the impact on Jose.
In my book, that makes you a good man.
True, he might just be a careless driver and knock someone else and may cause more harm, or he may have just finished his 2nd job and on his way to his 3rd one. God knows.
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JD, I have a lot of respect for you – you’re obviously a considerate guy. I would have felt the same way.
I think that it’s reasonable to suspect that he’s not a citizen – why else would someone drive without a license? I say this as a (legal) alien in the US myself (of course, I’m entitled to and have a license and insurance). I see the human side – he’s most likely a victim of circumstance.
You might be underestimating the trouble you could get into for not reporting it though – the truth would eventually come out – if not, you’d have to lie repeatedly in your dealings with the insurance company and the police.
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Thank you for your comment JerichoHill!
Amen!
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of course you did the right thing in reporting it immediately.. if you had tried to make private arrangements.. three days later he could have just decided it was your fault.. or just lied on the phone that it wasn’t him driving the car etc.. and you would be screwed… or he could have had a ‘friend’ magically appear as an injured passentger in the unreported accident.. who sues you for being responsible for stopping when the light wasn’t even red.. which is a semi believeable lie since you are new in town and driving on that road for the firsttime in your life… and then youd be really screwed.. the degree to which you are beating yourself up about this is just a measure of your liberal guilt.. get over it.. and of course thanks for hopefully stopping this illegal from being on the road and possibly injuring my family..
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It’s extremely sad that a couple of commenters here jumped on the “Hispanic = illegal” vibe and ran with it. Come on, man. (Of course, J.D., you know the facts.)
That all said and at the risk of making this an echo chamber, you were absolutely in the right. If you took the cash or didn’t call the cops then you were taking an *enormous* risk. There’s no reason to put one’s self in that position, hence, insurance. And while I’m a pretty sympathetic guy too, Jose is the one who chose not to have insurance (and possibly break the law) – his reasons are his own, but he took the risk.
Sorry to hear about the accident, though… they’re not fun no matter whose car you’re driving.
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I’ve come to believe that even in more “normal” circumstances (e.g. driving your own car in your home town) you’re best off calling the police and going through insurance. I was in an accident a while back where I was hit from behind; the damage to my car looked minor, but I called the police anyway. I did agree to let the other driver pay cash for the repairs rather than go through insurance, though.
Of course, once I got estimates it turned out the entire bumper had to be replaced – the cost was well over $1000 including painting, rental car, etc. The other driver gave me an extremely hard time over this – claiming I was ripping him off, offering to have a friend “bang out the dent” instead, etc. In the end, the police report was the only leverage I had, and I still wound up losing $$$ on the deal.
The end result was that it cost me a lot of time and frustration, and it probably wound up costing the other driver more than if he had just filed the claim and moved on. I now think that in these situations it is best for everyone if you just keep it simple and follow the rules – don’t complicate things by trying to be a nice guy.
The other thing that I’ve learned is that if you’re in your mid to late thirties, don’t let anything you think you know about cars cloud your judgement about how severe an accident is – cars now are nothing like the cars I drove (and worked on myself) in high school
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It’s natural to feel bad about potential consequences, but — maybe take a step back and be grateful that he got a wake-up call about driving uninsured, without the consequences being worse. He could have hurt someone, but instead this was an accident where everyone walked away, and ultimately, that’s all that matters.
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iPhones are lovely devices but need to be trained.
I absolutely hate it when people drive without insurance. It’s a mortal sin, in my opinion, not venial. Sometimes, a driver is in an accident with someone who doesn’t _need_ insurance, like, say, a pedestrian in a crosswalk.
The driver who did that actually had insurance. If she hadn’t, I might have been put in the position of having to really mess up her life in order to get my medical bills paid. As it was, I think all that happened was that she lost her license for a few months and had to pay the deductible on her insurance, instead of having to pay for doctor visits, MRIs, lost work, etc.
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That was a difficult choice to make, but I feel it was the right one. The driver should consider himself lucky that you were not hurt. It could have been a lot worse for him and for you.
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Definitely check into increasing your deductible!
I second FMF’s question about the so-called “loss of use” of the rental car while it’s being repaired. Please let us know how much trouble the car rental company gives you and who (auto insurance or credit card company) pays for what. Thanks!
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