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.
This article is about Cars, Choices, Insurance, Real-Life Monday, 31st March 2008 (by J.D. Roth)


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March 31st, 2008 at 5:16 am
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.
March 31st, 2008 at 5:24 am
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.
March 31st, 2008 at 5:29 am
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!
March 31st, 2008 at 5:29 am
$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.
March 31st, 2008 at 5:32 am
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.
March 31st, 2008 at 5:39 am
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.
March 31st, 2008 at 5:39 am
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).
March 31st, 2008 at 5:41 am
Same as Scott and Plonkee here. I believe you made the right call here, even though it was a tough one to make.
March 31st, 2008 at 5:41 am
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.
March 31st, 2008 at 5:44 am
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.
March 31st, 2008 at 5:45 am
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.
March 31st, 2008 at 5:49 am
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.
March 31st, 2008 at 5:52 am
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.
March 31st, 2008 at 5:52 am
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!
March 31st, 2008 at 5:53 am
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.
March 31st, 2008 at 5:55 am
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.
March 31st, 2008 at 6:00 am
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.
March 31st, 2008 at 6:00 am
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.
March 31st, 2008 at 6:04 am
This is one of my worst nightmares. Can you even imagine if your insurance didn’t cover it???
March 31st, 2008 at 6:07 am
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.
March 31st, 2008 at 6:08 am
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.
March 31st, 2008 at 6:10 am
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.
March 31st, 2008 at 6:13 am
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.)
March 31st, 2008 at 6:22 am
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.
March 31st, 2008 at 6:24 am
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?
March 31st, 2008 at 6:25 am
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.
March 31st, 2008 at 6:26 am
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.
March 31st, 2008 at 6:30 am
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?
March 31st, 2008 at 6:32 am
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.
March 31st, 2008 at 6:33 am
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.
March 31st, 2008 at 6:34 am
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!
March 31st, 2008 at 6:36 am
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.
March 31st, 2008 at 6:36 am
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.
March 31st, 2008 at 6:41 am
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.
March 31st, 2008 at 6:43 am
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.
March 31st, 2008 at 6:43 am
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
March 31st, 2008 at 6:44 am
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.
March 31st, 2008 at 6:47 am
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!
March 31st, 2008 at 6:48 am
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.
March 31st, 2008 at 6:50 am
I like how the iphone turned ill into I’ll…
March 31st, 2008 at 6:59 am
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.
March 31st, 2008 at 7:00 am
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.
March 31st, 2008 at 7:02 am
Thank you for your comment JerichoHill!
Amen!
March 31st, 2008 at 7:04 am
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..
March 31st, 2008 at 7:05 am
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.
March 31st, 2008 at 7:08 am
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
March 31st, 2008 at 7:08 am
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.
March 31st, 2008 at 7:09 am
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.
March 31st, 2008 at 7:12 am
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.
March 31st, 2008 at 7:13 am
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!
March 31st, 2008 at 7:13 am
Offering cash, reluctant to deal with the cops…give me a break, PC Police. The guy’s doing something shady. Get off your UN high horses.
You did the right thing, JD. It isn’t your job to coddle people who are knowingly breaking the law.
March 31st, 2008 at 7:16 am
I’ve worked in immigration law. He won’t be deported. Our country is way to bogged down in other stuff to follow through on deportation (typically) unless a felony is involved (or a few other crimes) or unless they do a specific raid looking for “illegals.”
Plus, car rental companies are insane regarding how much they often try to charge for damage on cars. If this wasn’t covered by insurance, you might have been out more than your emergency fund.
March 31st, 2008 at 7:22 am
You did ABSOLUTELY, the right thing. No question. You must always cover your own behind. Don’t worry about what it “may” cost someone that may be driving illegally, or worse.
March 31st, 2008 at 7:23 am
Your blog is dedicated to personal responsibility - for your own finances and family. I’m a little surprised that you would be so gung-ho to help someone avoid personal responsibility.
If you feel bad, why don’t you just give Jose your emergency fund? That would be a way to show mercy without allowing him to avoid his responsibility.
March 31st, 2008 at 7:24 am
Andy, there are lots of reasons people would not have a license. I don’t think I personally know anyone who is in this country illegally, but I do personally know several people who don’t have a license but drive anyway.
March 31st, 2008 at 7:27 am
JerichoHill Says:
“March 31st, 2008 at 6:36 am
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.”
I was commenting based on the assumptions/possibilities made in the post:
“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.”
JerichoHill, you weren’t unhappy I assumed he was illegal. You were unhappy because I didn’t show any empathy for Jose. Thus, this makes me anti-illegal in your book. I don’t care if he is illegal, legal or natural born citizen. Not having a driver’s license or any insurance makes him irresponsible and deserved of any consequences. I feel no pitty for him.
March 31st, 2008 at 7:28 am
In California, car insurance is mandatory as is a license, so this guy was breaking the laws. When someone makes a choice, they must live with the consequences and outcomes, be it driving with no insurance and no license or calling the police. This guy tried to buy his way out of the consequences of his decision. You refused to be bought and did the correct thing by calling the police and reporting the accident. If he had no license, it means either he didn’t feel he could pass the test or the state of California felt he was not fit to be a driver of about 2,000 lbs of destructive metal.
March 31st, 2008 at 7:29 am
I really respect your thought process and appreciate that your heart is in the right place. However, the decisions we make are the ones we live by. Your decision to obey the law and the contract you signed with the rental agency had to be honored. Jose decided not honor the law and broke the “contract”.
March 31st, 2008 at 7:29 am
If it’s any consolation to you, living in the Bay Area is one of the best places to be if you don’t have a car. Compared to the rest of the country, the public transit there is amazing (I could have lived there without a car).
So even though Jose will have to pay for the accident and may not get a license in the future, the Bart and bus systems there are great and I bet this won’t ruin his working life not having a car.
March 31st, 2008 at 7:29 am
To even be concerned about Jose being deported is insane.
That has nothing to do with the fact that he hit you.
And if he was here illegally and does get deported, that’s one less bad driver here in the US.
What if you had actually been physically hurt in the accident, J.D.? Broken arm, broken leg? What about your wife? What if she had been hurt? Some type of injury that could have affected the both of you for the rest of your lives?
When it comes to situations like these, YOU and you’re family are the PRIORITY. You’re feelings about what might happen to the other person are of no consequence.
Just to clarify: He did hit YOU, right? You seem like a really nice guy, but don’t be such a bleeding heart, especially when you let that take precedence over you and your own.
And you went to a comic shop and bought nothing?! Are you insane! There is so much good stuff coming out right now! Here are some suggestions:
The Incredible Herc
Kick-Ass
Gravel
All Star Superman
Avengers: The Initiative
Uncanny X-men
The Walking Dead
Scalped
Punisher
Iron Fist
And the list could go on and on!
Anyway, you could save a lot of money just waiting and getting the in trades or getting the entire runs off of eBay.
March 31st, 2008 at 7:30 am
Personal responsibility is a cornerstone of sound personal finance, yet you seem to be happy to ignore that in this case. When there is an accident, you call the police. That’s what the law prescribes. IF someone is here illegally, and this causes a problem, that’s they way it goes. Remember, IF that’s the case, and he was here *illegally* that’s on him or her.
PLUS, he was breaking the law by not having insurance.
We are responsible for our actions, or inactions.
March 31st, 2008 at 7:35 am
I am glade that all of you are ok, although this is such a hassle.
I hope Jose is ok as well.
March 31st, 2008 at 7:37 am
In the case that he does happen to be here illegally:
Who cares if he gets deported, he doesn’t belong here in the first place.
I too am from another country. I am here LEGALLY…it’s not that hard to do…fill out the forms, pay your money, wait…
I married a US citizen and moved here. There were MANY hoops to jump through to gain my status, and I jumped every one of them because I wanted to be here.
Who cares if he loses his job. As an illegal it is probably not income reported the IRS and therefore not taxed. I pay my taxes, insure my vehicles, have a driver’s license.
By his actions he obvioulsy knew what he was doing was wrong…he CHOSE to act illegally. Good for you for getting something done.
Stand up for your country USA…if people aren’t here leagally, get rid of them PERIOD
IF they claim they cannot return to their home country for whatever reason, file the appropriate paper work at the border…you know, at a crossing where there are guards…not some fence you jumped to get here.
I’ll get off my soapbox now
March 31st, 2008 at 7:38 am
You are not responsible for someone else’s life decisions. I wouldn’t have felt guilty at all. Did you choose to be run into?
I have been in this situation before, rear-ended by someone with no insurance & no license. he ended up showing up AT MY HOUSE to try & “convince” me to drop it.
March 31st, 2008 at 7:38 am
Wow, what a horrible experience. Sadly, Jose will pay for his mistakes, but your situation didn’t warrant you making any other call. For that, you did the right thing.
As an insurance rep, I’d like to offer one piece of advice. Always ask the rental car company the cost of their insurance and what their policy is on “loss of use”. This is why:
Your insurance policy might cover the cost of repairs, but it will NOT cover the rental car company for “loss of use.” That means you might end up having to pay for the days the rental car could not be rented to others while it’s in the shop being repaired. In most cases you will not be responsible for loss of use if you purchase the insurance coverage the rental car company offers. It might cost a few dollars more initially, but it’s better than paying for time on a car no one is able to use…
March 31st, 2008 at 7:39 am
You did the correct and right thing. If the man lives in San Francisco, then driving without a license and insurance is not only stupid, it’s criminally so. San Fran has a very good pubic transit system that tens of thousands of people use to get back and forth to work every day.
As for loss of use on the rental car, it depends on which credit card you used to pay for the car. MasterCard has some pretty strong policies that many rental agencies refuse to follow (they want fleet logs). Visa has a more forgiving policy and, from the information I have seen, will cover a lot more of these types of charges, to an extent.
It’s funny this should come up today…I was just reading an article about it on Friday (though, I can’t for the life of me remember where…USA Today maybe?)
March 31st, 2008 at 7:41 am
We rent occasionally. We have personal insurance for passenger cars, so if we rent the same class of car, or smaller, we are covered. If we rent a larger class vehicle, such as a truck (sometimes SUV), we are not covered. That’s a different category of insurance coverage. And, as someone else said, you are pulling against your own insurance company. All-in-all, as we usually only rent for 2-4 days, we find it worthwhile to buy the rental car comprehensive they-take-care-of-everything for $15 per day extra. Worth it for peace of mind to me. We have had the company “take advantage” of that, I think, by claiming a nick in the bumper so they could have their insurance cover it. Not reported anywhere (so they say). Now, Clark Howard always says take full photos of car going out and getting returned (if your phone can take photos, terrific!) But I’ve never had a camera that would allow me to walk around a car and take every fender, and interior-exterior photos at beginning and end of trip. Overall, we’ve probably rented cars about 30 times over the past 8 years, and we’ve only had that one nick to deal with.
March 31st, 2008 at 7:42 am
Illegal alien drivers with no license or insurance get off a lot easier than you would in the same situation. In fact, if I am ever in an accident, I can only hope that I get the same treatment as an illegal.
March 31st, 2008 at 7:42 am
If there is one thing I’ve learned about finance is that we are our own agents of fortune. You didn’t make him drive without insurance, you didn’t make him run into you. Whether he is here legally or not would be his own choice as well. If he’s in a ditch - he dug it himself.
On the flipside - had you not had the extra money to pay for the deductable or didn’t have the proper coverage - would you feel so bad for him? Granted I can’t answer for you, but I think the running majority of people still struggling with finances would be massively PO’d at yet another expense.
Rotten things happen to people every day. All you can do is take care of yourself and your family and hope everyone else has enough sense to do the same.
I’m glad no one was hurt though! That’s way worse than any loss of money.
March 31st, 2008 at 7:45 am
Don’t beat yourself up over it. Anyone and everyone is welcome in this country, but only if they follow the rules. The same is expected of any person visiting any country — follow the local laws, or get out. Jose was not abiding by the rules, and considering how simple it is to follow those rules in the first place, I don’t imagine he cared to bother.
March 31st, 2008 at 7:54 am
Another thought…I’ve worked for insurance companies and lived in California…so I’ve seen both sides of the picture. But California has the highest rate of insurance fraud related to cars in the nation (and perhaps in the world). That’s part of the reason California has the highest insurance rates for similarly populated areas. Reporting accidents and getting people who drive without adequate insurance and proper licensing is the first step in reducing the fraud and dangers that make California insurance so high.
March 31st, 2008 at 7:58 am
I am actually a claims adjuster for a national insurance carrier, and situations like this arise way more frequently than you may think.
First off, the rental company is going to handle all of the repairs to the rental car. They will charge you the deductible when you return the damaged rental car, and will follow up with your insurance carrier seeking reimbursement for any outstanding amounts. In my personal experience, rental agencies will always ASK for loss of use and frequently an administrative fee for handling the claim. However, the insurance carrier is not required to pay the administrative fee because we didn’t require them to handle the claim in the first place. They could have allowed the insurance company to handle it. And regarding the loss of use, they have to provide proof that there were no other cars available for them to rent and that there was somebody who actually needed to rent it. When you start asking for proof, the rental company will waive the loss of use as it is a hassle for them to gather all of the documentation. The rental agencies don’t go after the renter to get that money back. They already have your deductible. And the insurance company never denied the claim, they are just asking for some kind of documentation to verify.
P.S. - If you paid for the rental with a credit card, the credit card usually has insurance that will reimburse your insurance deductible.
March 31st, 2008 at 8:04 am
Let me get this straight. Your car was rear ended by an illegal alien with no driver’s license, no insurance. He hit you. Now you’re wallowing in white guilt because a triple criminal might get deported. Want to bet he’s working on a fake SS number and his family is collecting welfare and food stamps paid for by California’s legal taxpayers? Would it have been better to not report the accident and have him sue you and collect later, plus pressing charges for your leaving the scene of an accident? The ACLU (your tax dollars at work!) would back this criminal and take your hard earned money without batting an eye. The well behaved American middle class is seen as a cash cow begging to be milked. You’re a dear man, but you need to grow up! He’s the criminal and he was as fault. You need feel NO guilt.
March 31st, 2008 at 8:06 am
you did what you had to and being in the country illegally - if Jose is an illegal immigrant - was his choice as well so his problems are his own, not yours. I am an immigrant as well so I know a bit about the immigration issue and the fact that some people sneak over the border is an insult and a disgrace to the other immigrants who HAVE to wait to come to the US. My family waited 12 years - yes, twelve long years - for our papers to be legally and properly processed. If someone decides to cut in line in front of me and gets penalized for it, that is fine…when they crossed the border illegally they KNEW the risks and having to pay for it if caught is part of the game.
March 31st, 2008 at 8:17 am
You feel bad for this person because he might be here illegally? I feel bad for the low income people that have trouble paying for high car insurance because of people like him! I’ve known quite a few people who have emigrated to the U.S. legally. It IS possible!
Now for the rest of your story, it’s a good reminder for everyone to check with their insurance company first before renting a car. It can vary from company to company and also from policy to policy.
March 31st, 2008 at 8:19 am
As Adriana said, he might go on & do worse things if you didn’t do the right thing. You did the right thing.
I’ve called the cops upon seeing kids without their seat belts on, bouncing around the back seat of cars. Maybe the parents don’t have money to pay the fine, but if they got in an accident & the kids flew through the windshield, I’d feel horrible. Do the right thing, and you’ll have a clear conscience.
March 31st, 2008 at 8:23 am
Are you kidding! Seriously you can not feel bad because Jose put himself into a bad situation. If you had hit him I could see feeling “torn” about the outcome but not only was he breaking several laws but he hit you. I grew up in Phoenix, lived there 25 years, and I’ve learned one very important fact, There are too many illegal immigrants. It’s an unfortunate and true fact of our country that we don’t have a good method to deal with immigrants nor do we have the infrastructure to support these families when the arrive and break our laws.
Now before any of you start thinking I’m some racist redneck know this, I’m very liberal when it comes to helping the less fortunate and most of my best friends are in fact Hispanic. The sad part is that most of my hispanic friends that came here legally feel the same way I do about the illegal imagration situation. They worked hard to come to this country only to watch people cross the rio and flaunt the laws that they had to take an oath to obey.
I know that there are thousands of homeless, veterans, and elderly across this country that need our help so every time you feel like helping someone direct your efforts at the more deserving among us that need our help. Don’t spend time or money assisting people that came to this country illegally and don’t pay taxes.
Also know that I was once in an accident with an illegal immigrant. The accident was my fault and I handled it privately without calling the police out of consideration for the man that I inconvenienced with my actions.
March 31st, 2008 at 8:27 am
José made plenty of choices in his life to get him in that situation before he met you. I wouldn’t feel guilty for his decisions.
In the mid-80’s my father was rear ended by a no-insurance driver. He decided to trust the guy and settle privately. Well, the guy provided false information and my father had little recourse. The “minor ding” in the bumper turned out to be frame damage when it got to the shop, and my dad was out hundreds of dollars.
March 31st, 2008 at 8:33 am
“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.”
If he was driving without a license or insurance he was not being a great citizen, regardless of ethnicity (or nationality, for that matter).
JD, I completely understand your dilemma. It’s tough to know that, if everything worked out perfectly, both you and he could go on about your lives with practically zero change… but because you have to expect something won’t go perfectly, your life will proceed unaltered and his may change drastically for the worse.
It’s just tough to be a part of a situation where you are ethically and responsibly bound to tip that second domino (his fault in the accident was the first) that could lead to great troubles for someone else.
You did the right thing. He’s in charge of mitigating the risk to him and his family, you’re in charge of mitigating the risk to you and yours. His lack of responsibility with regards to protecting himself and others while driving indicates that he’d show a similar lack of responsibility in making sure you didn’t get screwed over.
March 31st, 2008 at 8:36 am
God, that is tough. I don’t envy the decision you had to make, it’s hard knowing that taking care of yourself will have much dire consequences for another party.
March 31st, 2008 at 8:38 am
One thing I haven’t seen here — *if* “Jose” wasn’t here legally, in most (all?) states he wouldn’t have been able to get a driver’s license and insurance.
If we allowed drivers (here legally or not) to get a valid driver’s license and insurance, possibly J.D. wouldn’t haven’t had to decide anything. It would have gone to the respective insurance companies and that would have been it.
A driver’s license is only a device that (1) shows that you have passed the requirements for operating a vehicle and (2) as state-issued I.D. I don’t understand how people think that it also means that it says you are in the country legally.
Even if all who passed the requirements for a driver’s license were able to get a license (here in the country legally or not), “Jose” may not wanted to get a license and insurance and J.D. would have been in the same position.
Of course, “Jose” might be here legally (and no one here knows one way or the other).
March 31st, 2008 at 8:40 am
You did the right thing. Don’t feel bad about it. Jose was taking a huge risk in driving w/o insurance whether he is legal or illegal. I’m surprised he stopped and stayed for the police. Where I live most people (Americans w/o insurance) wouldn’t do that. I’ve been in a hit and run twice and I know several people who have as well and the uninsured American took off. Jose is probably a decent person if he stayed for the police. Even if he was illegal and gets deported good things will happen for by being honest.
BTW I don’t think I would ever take cash for a car accident - even if it was good ole’ greenbacks and not a check. As tempting as it might be to save time you just never know how much it will cost to fix the car. Every time I’ve been in an accident the cost to fix was way more than I thought it would be. And usually our cars are so old they are less than $8k in value - it doesn’t take much to total an $8k car.
March 31st, 2008 at 8:41 am
That’s a tough one. I think you made the right call. Not only would you have possibly had to drain your emergency fund, a lot of time (and stress) would have been spent trying to rectify the situation with the rental company. This is a good reminder for everyone to understand their coverage, especially so people don’t have to pay the obscene insurance rates from the rental company if it is not necessary.
I think when I was single I would have been more inclined to deal with it myself, but now that I am married and have someone else’s financial recources at stake I would have called the police for an accident report.
I feel really bad for the other driver. Hopefully things will work out ok for him.
March 31st, 2008 at 8:42 am
You made the right decision. I work for a major auto insurance company, and previously worked for a major rental car company. You are very lucky things worked out for you. You have to remember you didn’t know what the outcome was going to be. Filing a police report was a way of protecting yourself. What if he tried to file a claim for damages or injuries against you? He still could. At least the report will be there to back up your statement.
March 31st, 2008 at 8:43 am
You made the right call 100%. If the other driver was being responsible for himself he would have no problems. He took a risk and now it is time for him to own up to it.
Bummer that you had the bad luck to have a wreck the first time you have a rental. I’ve rented about a dozen times in the last year and have not had any problems, but I’m always nervous about the potential headache.
I’m currently considering a change to my insurance deductibles. Right now they are $250 for collision and $0 for comprehensive. I’m a bit apprehensive to change them however because it would only reduce my monthly bill by 10% but it would more than double my liability if there is an accident. I’m torn…
March 31st, 2008 at 8:45 am
A sad situation, but you did the right thing. The rental car company would need a police report regardless (I worked for Enterprise in the past).
99% of the time, you are covered under your own insurance — but it does pay to check! If you had liability only, I think, in this case you would be in some trouble. You wouldn’t have collision to cover you if the other person isn’t covered.
We were heavily pressured to push the insurance on renters. It can pay off, but only in limited circumstances.
Also, Jose knew the risk he was running by coming to this country, possibly illegally, and driving illegally. (Well, he may not have known the law, but if he is going to live here he needs to know the law.) As others mentioned, even if this wasn’t about Jose and it was instead John Doe, US Citizen, you would still need to call.
March 31st, 2008 at 8:50 am
As with everyone else, I think you did the right thing, although I certainly appreciate your compassion for the other driver.
March 31st, 2008 at 8:56 am
A very similar thing happened to me awhile back in Northern British Columbia. I’m from Toronto, but I had a rental car out of Vancouver and was staying in Prince George when I was rear-ended at a stop light by a pickup truck full of…well…rednecks.
After hitting me they immediately drove off. I pulled over and my girlfriend, her friend and I inspected the damage. They eventually came back after 5 minutes and said to “just cover the bumper with dirt and they won’t notice”. It was a huge 20cm gash about 3cm deep. =-I
After haggling and threatening to call the police, I eventually convinced him to hand over his insurance details. He tried to intimidate us and offer us cash on the spot as well, but we refused. We were students and didn’t want to risk anything with a no-fault accident of our own.
Eventually we got all the details, but the he lied to the insurance company saying somebody else was driving his car, etc.
It eventually got sorted out, but I also had to go to my credit card company to get them to pay for the time that the car was out of service.
In the end, I learned a few things. Whatever happens, especially if the accident is your fault, you don’t want to deal with that hassle if you thousands of miles away. If far away and your credit card doesn’t take care of the insurance, buy the extra with a reasonable deductible. Also, I wasn’t pleased with Enterprise, which called be 9 months after the rental agreement asking for money from the car being away for so long. They said “sorry, but we had some employee turnover and a backlog”. I’ve decided to not go with them again unless I absolutely have to.
I feel for the guy who hit you. He sounds like he was just a paycheque to paycheque immigrant who was trying to make the American dream or whatever, but you do have to watch out for yourself first. I disagree with these other jerks in that you can still feel compassion for his situation, but this is life.
You did the right thing. And it’s still ok to feel sorry for him.
March 31st, 2008 at 8:58 am
Echoing others, I’m a little unsettled by the fact that you mention several times he ‘might’ be in the country illegally.
March 31st, 2008 at 8:58 am
Unlike many of your commenters, I have some sympathy for Jose. The simple argument of “he’s here illegally, tough luck to him” minimizes the whole illegal alien issue. It’s bigger than that.
However, I do think you did the right thing. You couldn’t have done much else without really jeopardizing yourself.
March 31st, 2008 at 8:58 am
I hate to say it, call me racist, bigoted, whatever, but I lived in So Cal for 18 years, and I never heard a case where an illegal was deported or even prosecuted for driving without a license or insurance. More often than not, the person that was in compliance felt all the pain. I remember a young Marine being killed on a motorcycle by a drunk, illegal, no license, no insurance woman who was let go on a technicality, and then wasn’t even deported. Thanks ACLU!
March 31st, 2008 at 9:14 am
While you may sympathize with Jose’s misfortune, your clear responsibility is meet the requirements of the law as you did. Driving is a high-risk, high-responsibility activity and that’s why it is so regulated. By choosing an easier way out for Jose, you likely risk the safety of everyone else.
March 31st, 2008 at 9:19 am
Before I begin, I’d like to point out that we have no reason to believe Jose actually is here illegally, other than stereotyping. Unless we are to assume that all Hispanic people in southern California that don’t speak perfectly fluent English, and don’t have car insurance, are here illegally.
All we really know is that he doesn’t have car insurance.
@sjean
>> I have some sympathy for Jose. The simple argument of “he’s here illegally, tough luck to him” minimizes the whole illegal alien issue. It’s bigger than that.
It’s bigger than that? I fail to see it. I imagine you are thinking that his previous situation may have been horrible, so coming to the US illegally to improve things. OK, that’s fine. He made a choice and took a risk. It’s a risk I was fortunate to never have to make because by lottery of birth I was born in the USA. However, he still made choices that were within his control. Maybe he could have taken the bus to work and avoid the risk of being involved in a traffic accident. Maybe he could have ridden with someone else, or he should have driven more carefully so as not to rear end another driver. He is 100% responsible for his own misfortune in this case. This didn’t just *happen* to him.
Of course, I also feel that people are responsible for nearly any situation they are in (there are a few exceptions). I am responsible for my own situation at almost all times. If I don’t go and get car insurance (as is legally required when registering a vehicle in my state) and I get in an accident (whether the accident is my fault or not) — then it is my fault for not having insurance. I can blame no one else for the risk I took and the choices I made.
It is unfortunate that this situation could cause personal/financial stress for Jose, but he is ultimately responsible for it.
Regards
March 31st, 2008 at 9:22 am
A car is a weapon.
It is immaterial where the man came from. He was driving a weapon illegally, uninsured and with total disregard for human life.
Try to imagine what your life would be right now if he had severely hurt you, crippled you or killed your wife or whomever was with you in the car? What would your life be worth right now if you were sitting in a wheelchair, drooling?
We have laws and rules that are in place for our own protection.
You probably saved someone’s life today. Think about that. You probably saved a mother, a father, a young child, a sister or a brother or somebody’s loved one.
YOU DID THE RIGHT THING AND SHOULD BE COMMENDED FOR YOUR ACTIONS.
You are a great American.
March 31st, 2008 at 9:24 am
For all those ranting about the author assuming that José MIGHT be in the country illegally, the odds of a Hispanic man in California being illegal if he’s driving without insurance or a license and hesitant to give his name are fairly high. That’s not racism, it’s an unfortunate fact. If the author had said he was probably illegal then you’d have cause to rant.
March 31st, 2008 at 9:26 am
Well, as a guy whose vehicle has been hit three times, every time I’ve been hit, it’s been the other driver’s “fault”, and they’ve not had insurance once. Neither I nor my insurance company have ever gotten a cent out of the uninsured drivers (the question I ask myself is, “If this person can’t afford the $500 or so every six months for insurance, how can they afford to pay for the damage?” I’m sorry, I wish I could be a little more compassionate, but once when I was in traffic court for speeding and one of the guys ahead of me was in for driving uninsured (worst thing to do to your driving record here other than DUI), the judge put it well: “If you can’t afford your insurance, that’s fine. It means you can’t afford to drive.”
March 31st, 2008 at 9:31 am
You absolutely did the right thing!!!!
March 31st, 2008 at 9:34 am
Hopefully I’m not repeating here (couldn’t get through all of the comment).
What do you know about this driver? For all you know he could get into accidents monthly! What if you let him go but his next accident does more than damage a car?
What if it were your car and you agreed to cash? He pays you but later on you find out that there’s additional damage you didn’t notice at first. What now.
It may feel cold and maybe he’s a really good guy trying to catch a break but you don’t know that. You did the right thing calling it in.
March 31st, 2008 at 9:36 am
JerichoHill,
You are confusing the issue when you claim that certain posters have a negative attitude toward immigrants when its clear the problem is with “illegal” immigrants. Everyone is correct that its uncertain whether or not Jose is in fact an illegal alien but given the no license, no insurance, and could not understand what a rental car was pointed more toward him being an illegal alien as opposed to a US Citizen. All the arguing is actually moot because if he is a US Citizen then he will be hit with a hefty fine (just like any other citizen) and if he is not then he deserves to be deported (according to the law).
JD, you were right by reporting the accident because at the very least the consequences could be damages paid out of pocket.
March 31st, 2008 at 9:41 am
Traciatim said: “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.” Don’t know if I’d go that far, but I am curious about one thing. When I was hit several years ago, it was near the end of the year (late Nov, early Dec, don’t remember exactly). The person who hit me was uninsured. The cop who showed up told her that it was lucky for her this didn’t happen after the first of the year, because a new law would take effect then that would have required her car to be impounded. Of course, hearing this didn’t make me very happy! This was in California, so I wonder if that law has since been repealed, or if it is possibly at the officer’s discretion. I’m just wondering why Jose’s car didn’t get impounded?