There are a lot of things that can be ironed out, and a skilled lawyer can help find the evidence that will support the facts. Any advice would. She gave her insurance information. I would consider meeting with an attorney. Anytime that you are involved in a car accident, or any other serious accident type that necessitates emergency medical care, you should make sure that an accident report is filed with the police (in fact, in the event of a car accident, California law requires that you report the accident if anyone is injured or killed, or damages total more than $750). Police were not involved at all. If the car is fine and doesnt require service, then there would likely not be a claim to be made. An hour later I was afraid that I will be sued or something then just called police to discuss about it and they said no one reported accident at the time. How can my insurance say this when there was no report written and Florida is a no-fault state? . No real damage.My van was un drivable because I did my best to avoid him. Some injuries dont show symptoms until days later. Hello there, It sounds like your boyfriend was at-fault for the accident and therefore the innocent party certainly has a right to sue for damages. Hello Felicia. (2) File a claim with YOUR OWN car insurance company. I was trying to make a right turn on the green light and turned slowly, then heard a loud sound and saw a cyclist at the place between the front of car and the passenger door (position around 1/3 of car). Property damage exceeding $1,000. Its a hearsay account that is generally not admissible in court because the officer didnt observe it for himself. She gave me her phone number, and I immoderately report it to my insurance. In an accident involving two vehicles and two drivers, it can easily become one person's word against another's. This is also known as a "he said she said car accident.". Most attorneys will provide an initial consultation for free. First, the fact that your daughter didnt have insurance at the time of the accident wont factor into the decision of (a) whether she caused the accident, or (2) how much damage the other party sustained. My car is also the only vehicle my family has but I couldnt really drive without insurance legally but I cant pay insurance unless im working and I couldnt work if I didnt have a car. Since the other man likely has an attorney representing him, you shouldnt try to handle this case alone. An autonomous Uber car killed a woman in the street in Arizona, police said, in what appears to be the first reported fatal crash involving a self-driving vehicle and a pedestrian in the US . We decided to discuss the matter later that day and she said everything was okay and to continue with my day. When his one brother left it was late and everyone that was still there were inside. We hope you choose to Recover With Us. Whats done is done, but its important to get a police report at the scene of an accident for just this reason even if youre not planning to make an insurance claim. The most challenging part of your case will be proving that the other driver ran a red light and caused the accident. I am desperate in getting justice. Im here on behalf of my boyfriend, who received a rather interesting message this morning nearly two years after the incident described occurred. Im not even sure who is at fault, but i feel frustrated to pay cause im not sure anymore if it was my fault? If you cant track down the police report yourself, Id suggest calling a personal injury lawyer. They said they wanted money. Based on the information you provided, its not clear to me why your insurance company will not cover the accident. My girlfriend rear ended a guy yesterday. However my insurance company paid for the car damage, but they are reneging to pay the full personal damage. This includes names, addresses, and vehicle registration numbers. Pm. She had seemed really nice and chill about the situation. Hi i had an accident in Chicago . Oh, and a PS to add to my question regarding possibly being wrongfully sued. I was pulling out and my front bumper by the drivers side scraped a mans pick up truck. The other drivers options are to settle the claim with you personally or file a claim against your insurance company. This can be easily corroborated or dismissed based on the damage your husbands car incurred. Why would she need my insurance card for an auto body shop? I was in an accident. I gave him my information and came to a agreement on me paying him monthly. Im sorry that happened. If there is any way i could send you the video Thanks! As for whether you should report the accident to the police, Utah law is pretty simple. Teddy, Meekins & Talbert, P.L.L.C., is ready to stand by your side and fight for the compensation you deserve. They can provide you with the next steps. I was in a minor traffic accident.police was not contacted theres no police report..and me and the other driver are not going to sue each other..can an insurance company hold that against me. i dont want to file a claim bc of family issues or what can and cant she do? Filing a lawsuit three days after an accident is somewhat unusual. For example, does the person have a financial interest in the outcome of the case or a personal relationship with any of the people involved? Any advice? However, you dont want to ignore the letter in case its putting you on notice that youre going to be named as a defendant in a lawsuit. You can find a lawyer using our free directory. Tell us were you in an accident that didnt have a police report? No-Fault Car Accident Liability . Now Im wondering whats going to happen. He even agrees to pay you out of his pocket for the damages to your car. It was parked on my side of the road to the side. You can report an accident to police by calling 911 at the scene of the accident or by completing a Driver's Motor Vehicle Accident Report. Identifying information about parties involved may . Their car looked like it had two paint covered bumps on the bumper. The owner of the truck could still file a claim against your insurance or sue you even though he turned down your information. The guy mad a right turn and I looked up there he was.. The information on this website is for general information purposes only. I now remorsefully regret that decision as the grocery cart (which was full of groceries) was hit by the driver of the car which pushed the grocery cart into both of my knees that I had replaced within the last 5 years. Unfortunately, at-fault drivers sometimes lie to insurance companies. My husband was in a small fender bender about a year ago. My 24 year old niece, who lives in New Jersey, bought a 2017 Nissan Rogue that she makes monthly payments on. We all got out to check damages then my friend and the car in front moved off to the side. My granddaughter said she saw them and neither of them had shirts on and the father did not have a helmet on. I have two witness which was my niece and nephew. Also Im from NY and this happened in CT. Im pretty paranoid and Im hoping that this wont become a huge issue in the future. To get a copy of the police report, you'll need: The service number from the investigating officer; The accident location; The accident date and approximate time; Your identification; Traffic Accidents Without Police Reports Hello, I had a car accident on february 2019 , the police report shows no one is AT-fault.But my insurence put me as an At FAULT. Regardless, the other driver can file a claim whether or not you decide to file your own claim. They got out of their car and I soon followed. The insurance company was contacted immediately after the fender bender. Hi, I was recently in a minor brush with another vehicle (I say brush because it was seriously ,that) in which I was at fault in a neighboring city where I work in a government position, but dont reside in. From what youve written, its not clear how much damage there was or to whose car. This is a classic he said, she said situation, which can prove to be quite complicated until liability can be determined. Thank you. I had not heard back from the mechanic and so I decided to call them. I mean, this is totally falsely accusing me of something I did not do. I have contacted an attorney but am waiting for a response. He slowed the car as carefully as he could and was looking in the rear view and allowing cars from behind to go around him, he was trying to pull off the road and get out of the car and close the hood. It was a minor car accident so we didn't file a police report. A car accident with no police report may still be grounds for insurance compensation or a lawsuit. As I was doing so I saw a white Honda coming toward me so I looked back in my rear view mirror to see if I could back up, I could not. You can only claim damages for a treatable injury. You may still bring a claim for compensation under the same laws that apply in cases with a police report. And how is it the driver behind never slammed on their breaks? Now that our insurances are battling it out Im without a police report, when I go to the police district nearby there is no accident or police report on file. Hi I was an a car accident 2 months ago I hit them from the back police came to the scene but the other driver told police we do not need them I stayed quite cause I know it was my fault. She has made unrecoverable my investment in it. Or, if it is meant for you but the accident never happened, they can handle that scenario as well. I would have her relay this information to her insurance company so that the insurance company can deny the claim. Yes, the individual can certainly sue you if you ignore them. The at-fault driver was taken away by ambulance. The cops were called anyway and he brushed them off and said it wasnt necessary. I was attempting to turn left and hit a car in possession of the lane, however, if they werent speeding to beat the light the accident would never have happened. I backed up into a car while at work and went to let the person know, she came outside and said not to worry about it. Then it becomes he said-she said situation. Hes lying. I didnt FLEE the scene, I reversed enough to be window to window view with her and said You SAW ME PULLING OUT and you STILL kept going??? I was crying and kept saying it was my fault(I even texted her saying it was my fault) but when she got outta her car, she immediately said her neck hurts. Please help me help my niece!! We are here 24/7 to address your injury case. I have insurance on the car but for her. The car is register to my grandfather so his insurance said they would only be responsible for 20%, but why do they and I have to be responsible for anything dealing to him. There was no damage to either vehicles and to be honest neither of us were driving straight off the assembly line models. In addition, it would be wise to take your daughter to the doctor to get checked out. You can read more here about statutes of limitations. Why Are Medical Malpractice Claims Considered Civil Cases? The car drove off and the a block away he stopped to check the car and then drove off again. We didnt follow each other, had our emergencies on, or anything. You should call the contractor/company that owns the vehicle, explain the situation, and provide details (location, date, time, etc.) You may, however, want to take pictures of your vehicle so that she cant claim her vehicle was damaged worse than it actually was. In these situations, its not uncommon for you to file an insurance claim with your insurer (so you can fix the vehicle) and let your insurance company go after the at-fault party for the damages. Also, I would think that if the police were there, a police report should have been filed. Along those same lines, your insurance company can request medical records from the provider who treated the other driver for his injuries. Good luck! Police don't always come to the scene of an accident, but if they do, the officer will probably have to make some sort of official report about the accident. Theyll be able to find the report if there was one. Then it becomes a game of he said, she said. The case comes down to credibility of witnesses, documentation of damage and testimony. I pulled my car back to get a better look. He called back 5 days later and said Theyre not accepting liability because he had the right of way, and due to me pulling out in front of him i was at fault. DiPiero Simmons McGinley & Bastress, PLLC. It could be considered a hit and run because you left the scene, even though the damage appears to you to be minor. Should You Report Minor Car Accidents in West Virginia. He explained he maybe jumbled some numbers, (completely understandable), but that I needed to call the primary officer when he when on duty at 6 pm. I got estimates and sent them.Then she said she didnt know who was in fault so we should go half and half. I suspect that she has the right to ask for a report from the plaintiffs mechanic, proving the cost of repairs, then use that in comparison to the police report in case of any inconsistencies. 2. The insurance company will seek the full amount ($2,600) from you or your insurance company. he had to walk all the way home, which is about 3miles from hospital. It happens to everyone! Its probably time to involve an attorney. His insurance company called me and ask me if i would accept 1000 for pain and suffering i denied it, he then called my brother with the same offer which he denied also. Typically, a person is at fault for rear-ending another vehicle. A taxi failed to make a complete stop at a stop sign and we T-bone. For example, some only require it when theres physical injury, others have a requirement when the property damage is more than a specific amount of money. It is now her word against mine and she is denying liability. Do I even have a case? Im not sure of what to do since I never expected any of this to happen. Thanks for reaching out. Iam nack home in ohio and cannot confront them about the run around they are giving me and the insurance company. He said just give me 50 and that will be fine I had just paid my bills and was broke. At this point, my suggestion would be to hang tight and see if they contact you or make a claim with your insurance company. Avvo Rating: 10. Please,Please i beg you, somebody please help me. Neutral witnesses (sometimes called "third-party witnesses") have no personal interest in the outcome of the case, which is why they can be the most important witnesses at trial. Dont be afraid to ask an attorney! He cant get away with this this man is seeking like 300,000 in injury money and we will go bankrupt and our checks will be garnished because we dont have the money to pay. The speed limit was 45 mile and I was probably going between 40 and 45 when a woman in an SUV didnt stop at the STOP sign and pulled in front of me causing me to rear end her. It sounds like your insurance company is saying that you violated the terms of the policy and therefore arent covered. He got into a severe accident shortly afterwards, and the driver who did this fled the scene, so he is trying to take it out on you. My suggestion is that you find a lawyer who is able to review the documents. My mom thinks this lady already had something wrong with her car and just wanted her car fixed for free and she probably didnt have insurance either. or depose the owner and get them to admit under oath that the dents were present before the accident. Filing a Lawsuit in he Said She Said Auto Accident Disputes. Your insurance company should also be able to investigate the accident. Its always a best practice to get a police report, even when an accident is minor. However, individuals who feel threatened or cannot move their vehicle may still call 911 for assistance. In other words, could the report have been filed by the state police instead of the municipal police department? No one is defending the fact the malfunction equipment is our fault. "The light was green," one driver may claim. In some states, being partially at fault prevents you from recovering damages. she was still parked, I went ans knocked on her window and asked again if she was fine, she atated that she was still shook, but was fine talking to her mom. Im sorry , I meant the other drivers insurance company has already stated their driver was at fault and is covering all property damage. The DMV may be able to locate the insurance information. One man said Carfax and Autocheck.com both reported his car was damaged, costing him thousands of dollars in value. It was a freeway exit so he took her to the nearest gas station to see if she was okay. You also might wish to consult an attorney. He is the one that was not in a legal lane, he is the one that tried to fit where he couldnt. The officers never cited the accident as a hit-and-run. I can understand your not wanting to risk the insurance companys raising your premiums for what sounds like a very minor incident. It preserves the accident scene in a bubble for drivers who werent thinking clearly after the accident or whose injuries were not immediately apparent. I was backed into while i was parked on the street in front of my boyfriends house. Be sure to document everything and talk to an attorney in short order. But this couple was still convinced I hit them. Car rear ended me while I was making a right turn on a red light. What do I do now? In case its helpful, this article outlines cases when you DONT need a lawyer: When Do You Not Need An Attorney After An Accident? I left my contact and the guy text me and told me that the damages are minor and not to worry about it. Hello, there. He gave the homeless person a ride away because his car literally ad a small cosmetic dent. Anyway, the lady seemed nice to me at first. Can she sue or file a claim without police report? I will have to pay out of pocket for physio and massage therapy. This lady will have to prove that (a) you actually hit her car, and (b) she was injured as a result. I have worked so hard to clean up my past. Unless he does either of those things, I wouldnt give him any money. Police I spoke with told me that as I called them about this, it would not be hit and run. I have soft tissue injuries, bulge disc and I lost my job behind the injuries. Video cameras (private and public) may show what happened in an accident. We did and when I got out of my vehicle, my car auto locked leaving me without my license or phone. After an accident, people are shaken up. after the cop comes he asked us both if were ok and tells us he isnt going to file a accident report because theyre no damage to our cars. Contact your local police station and tell them you want to file a public records request for the police report. Your lawyer can handle all communications with the insurance company on your behalf, and theyll work to minimize your daughters liability, the amount settled with the other party, and to recover any damages you might be owed. I gave them $136 in cash (its all I had on me), which was probably a mistake but I wanted them to see I would pay for whatever damage. The best thing you could do is probably to look for a lawyer who can review the evidence from the accident 2 years ago, plus whatever documents you received recently in your own name. Its hard to answer your question without all of the information. Will the judge close the case against me if I explain this in court? Call Today 704.749.7747. Best of luck! In this case the officer who did not witness the accident made herself judge and jury. This was my first wreak EVER!! I then asked a fifth time were they sure they were ok and sure they didnt want to call the police, they once again said NO! By nothing happened to my car other then the license plate was knocked up. If the police respond to the accident (usually they don't respond to non-injury car accidents) they will create an official police report, and of course the parties involved may create their own report, which can be found in a DMV accident report lookup. My brother didnt have insurance. At the time of the incident I was scared and afraid and didnt want to cause a scene, My adrenaline and nerves were high. However, they were adamant I hit them. We also exchanged numbers and I texted later on in the night asking if hes ok and said sorry again. The insurance lady belived my husband and who knows what she is gonna do about this now but they have already given this man money for a car that we did not even damage in this manner and now if he gets always with this we will end up paying for what ever bodily damages he has after our insurance pays out what they pay. 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