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Can I reach out directly to the driver who hit me, or is that a bad idea?

So I got rear-ended in a parking lot a few weeks ago. The other driver and I exchanged info at the scene, everything seemed fine. But when I actually tried to file a claim, I discovered their insurance policy had apparently lapsed — like they weren't even covered at the time of the crash. The damage to my bumper isn't catastrophic, but it's not nothing either. We're talking a noticeable crunch and some sensor stuff that a shop told me isn't cheap to sort out.

Here's where I'm at: I still have this person's phone number from when we swapped info. I'm wondering if I can just... call them? Like, is there anything legally weird about contacting them directly and asking them to pay out of pocket for repairs? I'm not trying to threaten anyone or make it a whole thing — I genuinely just want my car fixed and I don't want to go through my own insurance and eat a deductible for something that wasn't my fault.

I also have their address from the info we exchanged. Part of me is tempted to send a written letter too, just to have something documented.

A few things I'm not sure about:

  • Is direct contact with them allowed, or does it complicate anything legally?
  • Should I put any kind of payment request in writing?
  • If they ignore me or refuse, what are my actual options?

I haven't talked to a lawyer yet. I've mostly just been going back and forth with my own insurer who keeps telling me to 'keep waiting.' Any advice from people who've been through something like this would be really helpful right now.

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