However, it sounds like there may not have been any damages stemming from this refusal. This includes names, addresses, and vehicle registration numbers. Now what can I expect? Start here to find personal injury lawyers near you. It came to me directly via certified mail with my name all over it, citing that I personally was the one who was driving and caused damage. After a car accident, there may be an instance where you and the other party dont think calling the police is necessary. Thank you. Recently got into accident in a parking lot, I hit a parked empty car, damage to both cars was very small, but no injuries, clearly my fault. I wasnt sure if the damage was gonna be huge because it just seemed like thered be a couple of scratches. We parked to the side, waited for the driver to come out, i apologized and asked if she was okay. Its a very helpful piece of evidence that provides a lot of useful testimony. Im just so worried. Good question, thank you for asking. You dont mention in your comment whether you were able to get identifying information for the truck and driver that caused the accident. Best of luck. Thank you for asking. The DMV may be able to locate the insurance information. Im pretty sure the person that borrowed my car wrecked it and made up this story and gave me a fake police report number. We may also discover that the accident was caught on video or find an eyewitness who saw the accident happen. My license is valid with no restrictions etc. Its probably time to involve an attorney. 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. Find the best ones near you. 08:51 - Source: CNN. Any advice? I was recently in an accident where i did not contact the police I contacted his insurance company and theyre saying that since its a word to word claim theyre only willing to pay me 50% for the damages on my car and i have to sign a damage release. I was in a minor accident Here is my problem. That means, he is within his rights to sue you. In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. You dont want to fall prey to any sort of scam. we both got out and mad sure everything on the car was OK an most importantly if we were good. She will need to prove that the accident caused her pain or medical condition, and that might be tricky for her after this much time has passed. Please feel free to use the Enjuris law firm directory to find a lawyer near you. I think they called me when I was at work so I called them back immediately but they never answered. the driver with the stop sign was making a left turn into my street, and I could not stop in time and our cars collided. How did the person look, act, and speak while talking about what happened? Both vehicles pulled into a parking lot to make sure all was ok. My 1 daughter took pics of damage but the owner to the damaged car told both of them the dents and scratches were already there before she got hit. Instead, they work on a contingency basis. They have good insurance that will cover costs. It sounds like you need to find another attorney willing to take your case. What is my best course of action? Typically, a person is at fault for rear-ending another vehicle. I was backing out of a convenient store parking lot. The scene of a fatal car crash after a police chase in Houston, Jan. 12, 2022. I unfortunately had lapse in my insurance coverage due to unemployment. Just like paying for gas, paying for insurance should be considered a cost of having or driving a car. If the other party doesnt file a claim before the statute of limitations runs, theyll lose all of their negotiating power. So make sure you clearly and carefully tell the responding officer exactly what happened, perhaps even in writing, so that your version of events is preserved in the police report. 3. Can her stepfather be subpoenaed since he was the one that told her it was his brother or can they subpoena the cops who responded to her house late that night and saw the state of mind some of them were in? Most attorneys offer free initial consultations. Without one, the situation can turn into a he-said she-said ordeal. There was not enough evidence to support either side and neither my husband nor the other driver were cited for the accident. The driver in front of me rolled forward so I let off the brake and rolled a bit too, but the ther driver slammed on her brakes and I was unable to stop in time. And he was like no he was able to drive his car away it was barely bumped I was going less that 15 miles per hour it was bumper to bumper traffic . Any advise? Most attorneys will provide a free initial consultation. Unfortunately, in such situations its highly important to talk to a personal injury lawyer. He called the drivers insurance company and found out that the insurance had not been paid in 3 months. She gave her insurance information. By not reporting the collision to your insurance company, you might have lost the ability to have her claim covered under your insurance. However, it CAN be used against you if you appeared in front of a judge with respect to the ticket. How do we fight this??? In most states, a plaintiff has 2 or 3 years to file a lawsuit. My husband and the man exchange info and are done. I didnt even know if its an accident or not. Even though they originally said with my payment that I was good to go I am now left with this problem. No injuries, no report required. He did not pull up enough to see around the truck and as I passed the truck going by the truck it came out of the parking lot and hit me in the right tire and right door causing injury to my car and we stopped and parked on the side I was running late for a doctors appointment so the person told me they would give me the information I got a picture of his registration and being upset I didnt think about getting a picture of the insurance but since he said we would exchange information and wouldnt have to call police since I was in a hurry. Will I still be in trouble? From the testimony of the drivers and witnesses, the physical evidence at the scene of the accident, the officer's experience in investigating accidents, and any special training that the officer has, he or she will prepare a report that details how the accident happened. Nevertheless, its possible. The officer was annoyed. They also offer information as to neutral bystanders who saw the accident happen. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. I was recently in a minor fender bender accident in Texas. My car had zero damage. The driver of the at-fault vehicle brought me to a shop where we explained the accident to the mechanic and the at-fault driver said he would cover the cost. Very small and no chipped/scratched paintthey looked like factory sensors or something. Dude had my number because I gave it to him when I called him the first time, after 6. When he told her that his brother hit her car, he said hed give her his brothers number and she can handle it. Good to go. Please consider using the Enjuris law firm directory to find an attorney in your area who can help. In addition, I would send a letter to the other party (send it certified mail) requesting that they get a second estimate from a mechanic of your choosing. Best of luck be careful out there and make sure to get your insurance! However, by paying her tickets and fines from the incident, has she already pleaded guilty? Anywayi took responsible for fault in the accident. All elements of this website are copyrighted materials for Teddy, Meekins & Talbert. That is certainly a unique story. Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. Is all in my face and tells me she going to call the cops. This dude even went the extra mile and said he sustained a bad neck injury from the accident and tried showing X-rays to prove it. 1. I immediately filed a claim with my insurance., but its been weeks and shes not filed anything. We cannot let this happen. No damage to their vehicle that they could see. "Whether on public roads or private property . Although she believes the cause of the accident was not her fault, she was charged for the incident and paid all her fines and faced the consequences of her negligence. A police report is always an important document to have as evidence, as it should be an objective account of how an accident happened and who was involved. The person in front of me stopped suddenly, so I did to. Regardless, youre able to sue the negligent party (whether its your friend or the other driver) for your injuries. Second, an attorney can advise you of what your potential liability is based on the facts of the case and the laws in your state. The only damage to the other car was surface paint removed. He didnt even try. Will my liscense be suspended? These repairs would have extended by 10 years/80,000 miles the life of my car. Read more about Enjuris. The statements provided to a law enforcement official should be clear and concise. Thank you!! After this, I asked to see if there was any way they could give me the name, number, or any form of identification of the at-fault driver, so that I can attempt to contact him myself, and they said they did not have that information, all they knew was that the at-fault driver was referred to as Jerry. All you can do is hang tight. She told him he was lying . The accident will likely be covered and all youll have to do is pay the deductible and let the insurance company deal with the woman. Officers are usually seen as objective (neutral) and official. As Im sure you know, its generally not a good idea to give someone money as part of a settlement without getting a signed agreement that the person will not sue or make a claim for additional damages. Most personal injury lawyers will provide an initial consultation at no cost, and then theyll explain your options and what you might be responsible for in this situation. If you are at fault for the accident, the other drivers insurance is irrelevant. The police came out but did not write a report, their was 2 witnesses plus my brother who was on the passenger side that witnesses the accident. It was raining very hard. We didnt think much of it for he does that often when certain vehicles go by,we live on a dirt road in a rural area. She left before the trooper arrived. It may quickly turn into a he said/she said arguing match when the police arrive at the scene. 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. Teddy, Meekins & Talbert, P.L.L.C., is ready to stand by your side and fight for the compensation you deserve. Every now and then traffic would move a couple of inches. They want to pay the minimum amount possible, whether its to you or to another party. If i file the suit against the driver could his insurance company pay? I had to chase them in my vehicle a ways to get them to pull over. It was a freeway exit so he took her to the nearest gas station to see if she was okay. Your insurer has an attorney that will represent you for damages up to your policy limit. Please let me know what to do now. You may be able to find a lawyer who can assist you for free through your local state bar. I had a destroyed rim and a lot of car damage. If you have any questions or want to get started on your case, contact us today for a free consultation. If you and your husband do decide to consult an attorney, feel free to find one using our free directory: https://www.enjuris.com/directory/. In any trial a person is allowed to give their testimony. I just want to start by saying my accodent occurred in the state of california (same as my residency) a couple of months ago I had parked my car in a parkinglot and as I was getting ready to exit my vehicle, I opened my car door and was immediately hit in the door by a driver attempting to park next to me. No police, she asked for money I offered $100.00 and she took it then I left. Its actually pretty common for symptoms of injuries to show up days (and even weeks) after an accident. A whopping 4.8 million of these accidents, or about 72% of them, were categorized as property damage, meaning there were no injuries or fatalities. It was minorno injuries although it made me extremely nervous. I was in a accident in 2016 myself i was at a red light and i was hit from behind i was startled ,Scared ,Nervous i never been hit from behind before we pulled over and we exchanged information the guy was going at least 15 miles an hour enough to rock the whole car, my neck,and just my whole body.We pulled over to a gas station and exchanged information the cops werent called because my aunt told me not to call since it was her van and it was a lot of damage.Well the next day i was stiff as a board and my lower back was in so much pain.Its been 2 years i have so much pain i tried everything .My concern is since i didnt call the cops will my case not be As much as it would of been if i did.I will have this pain for the rest of my life said my Doctora and pain management, I let someone use my car and she claims someone hit her and she called the police. So how do you prove fault in a car accident case when your version of events conflicts with the other driver's? Hi my wife recently scratched an individuals car in the rear. I was driving down the street an traffic came to a stop. If you are being blamed for a car accident, your lawyer can inform you of your rights and legal options. She hadnt had the car long when it was hit. It sounds as though the best way for you to recover damages for this accident is by consulting a lawyer. The Police Report. If you cant track down the police report yourself, Id suggest calling a personal injury lawyer. Physical evidence can include photographs, police reports, video surveillance, etc. The other driver declined and said their vehicle was fine. You can also ask to talk to the police officer in case he has more information. Sometimes potential clients who get in a car wreck have no police report associated with it. On Oct 14 I received a documentation from the other driver thru a lawyer suing me for large amount of money because of injuries.and I think we are going for trial for this minor incident. When youre injured in an accident, your injuries could possibly put you in the hospital and require surgeries, tests, and medication for your recovery. 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. Yes, you can certainly sue. (410) 403-3215. you can certainly offer to pay out-of-pocket and that will likely resolve the matter. If i ignore this person can they sue us ? He is the one that was not in a legal lane, he is the one that tried to fit where he couldnt. Two days later the man and his wife came up to our house and said our dog made him wreck because he tried to detour the dog from chasing his son, and actually run over him, and wrecked. Best of luck. If you refuse to pay, the driver may file a lawsuit and attempt to get a judgment against you (at which point, they can start procedures to collect the judgment). I braced myself and it sent me flying a few feet .. These are the costs of auto repairs water pump, timing belt, alterator, rear brakes, rotors and calipers made three months prior to the accident. If the driver who hit you blames you for the accident but doesn't appear to be credible, a jury probably won't accept that driver's story. I Was in a miner fender bender in Illinois where the vehicle began to move forward at a stop light and hit his brakes I did make contact but the majority of the damage was to my car being a small compact and his Lexus suv, not sure of the year had scratches on the bumper I put on hazards and asked him if we could pull ahead as to not congest traffic, that Id prefer to attempt to resolve financially on our own, preferring to not be ticketed as I was the one unable to stop although I dont consider myself completely at fault! This man should not have ever even gotten money for his car damages they should have just fixed his bumper and that is it . Im thinking the guy behind him actually triggered the event making the guy blaming me think I reversed into him because we both looked kinda stationary at the red light. And I had just left a celebration with friends where I had two beers, The incident happend not even 10 minutes after leaving the restaraunt. 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. Let us know! Licensed for 28 years. You mentioned that the accident was a year ago but that you havent heard from the other driver in a while. They are, after all, arguing over money. She wants a high amount without going to the shop. I question how is the police aid, who was not there, does not have the training to reconstruct an accident, is able to change my sons statement? What should I do about it really needing help on what to do they are not corporateing with the agreement that we had. The thing is my brother was with me he had applied for a job at that place that was the reason we were there. If someone else caused a car accident and you suffered damages, youre still entitled to compensation even though there is no police report (though the lack of a police report might make it more difficult to prove liability). You shouldnt lie, but you can say that youll make a report to your insurance company and let them handle it. What can we do? Then i realized i have a dashcam and the collision was filmed, so i watched the video and now I think we are both to blame for the accident. Well the insurance company finially met with my husband yesterday and they let us know that they already gave this man the money for a new car 50,000! after I get out she starts yelling and attacking me verbally. There can be an instance where the collision doesnt seem that bad, none of the parties involved believe to have any major injuries and are willing to exchange important information so everyone can report back to the insurance companies. I was not physically injured, but I am definitely emotionally rattled by this ordeal. Yes, the individual can certainly sue you if you ignore them. Nonreportable Car Accident. It might not be easy because so much time has passed, which means there will be little evidence (for either side) to prove what actually happened and what the damages were. Thanks! Writing down names and contact information for these witnesses may make the difference between winning and losing he said, she said car accident litigation. Be sure to give the attorney you speak with any evidence you have of the other driver being under the influence (including the contact information for the witnesses). Long story short, he was attempting to use my insurance and my insurance deemed him at fault based on photos that they took. and is that irreversible if so? If a police officer's story differs from that of . A situation which sometimes comes up in a car accident is a case of he said/she said. So about an hour later this man and hiswife were ringing my doorbell off. I was ready to handle the situation the day of and have been trying to contact her since. Unless he does either of those things, I wouldnt give him any money. Make sure youre keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. You would only file a report If property damage was greater . 2. . 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. Im sorry this happened to you. Chances are that witnesses to the accident arent personal friends. Its always a best practice to get a police report, even when an accident is minor. There are situations where you should file a police report. I called him back, he stated that he didnt have pictures of his vehicle, only took of mine, and that he computed the amount at $1800, considering damages, now all of a sudden a doctors visit, the amount for repairs and lastly lost time from work. The police were not called, but information was taken by a campus security officer. Dont ignore this thinking it will eventually go away. The other drivers options are to settle the claim with you personally or file a claim against your insurance company. Judges and juries are inclined to believe police reports and neutral witnesses over having to determine the truth from competing claims. Best of luck it sounds like youre trying to do the right thing! I was in a car accident four months ago and i was driving my boyfriends car without insurance and a bald tires. I immediately call the officer and immediately debunk the hit and run theory. I have no way of knowing whether there are witnesses or not. I have at fault drivers driver license. I got estimates and sent them.Then she said she didnt know who was in fault so we should go half and half. I tried fixing it but I just ended up getting closer to the car. Did your friend happen to get the drivers license plate number? Take pictures of the debris from the cars, if there was any. If it is not a valid address, can we still sue her in the court? So they don't complete an accident report. I have two witness which was my niece and nephew. I went to the er. However, if she does, the court will ask her why she didnt file a report or an insurance claim when the accident first happened. I had not heard back from the mechanic and so I decided to call them. We will return to the scene of the accident and see if there's any evidence we can find . You can find one in your area here. 3 days later I felt stiffness in my back. All of us exited our vehicles and no injuries were visible, there was considerable damage to both vehicles. A citation was issued to any driver. Her stepfather had his very large family come over for his birthday BBQ in July, 2020. If you do hear from her, though, you might need to negotiate payment. Hes worried sick about it. Please comment with some advice or just your personal opinion. Im in California. This is not how I planned my day, or my life, and I would be financially ruined if he were to somehow have taken a picture of my license without me looking and filed some kind of report or take action later down the road. Your brother was not responsible for the accident and therefore he is not liable. The police generally come to accidents that involve injuries, but they often stop at non-injury accidents as well. 3 creditable witnesse. Its unlikely that she would do so over such a small amount. At Berger and Green, our car accident lawyers can order a copy of your police report, determine liability, and explore your options for compensation with you. What can I do??? Its certainly understandable why youre so angered by the situation. It appeared the Honda had previous damage to the left bumper/headlight as it had white tape holding it. but the case moves into more of a "he-said, she-said" case. It sounds like you did everything you could under the circumstances. But again, if youve hired an attorney, you should consult with them to make sure youre taking the right steps for your specific case. However, the officer is pretty much insistent that since I am at fault, I need to pay out of pocket because my insurance will go up. Depending on the state where you live, whether you have information on the truck, and some other factors, you might be able to get compensated for the damage to your car directly from your insurer. I called the company driver safety line and have not gotten a call back. We dont have police report so I am not sure who can assist us if we cant locate the at-fault driver. Very friendly and helpful resources in the middle of downtown ,plenty of.parking around. One might say a traffic light was green while the other says it was red. Their report will also help speed up the claims process. I dont know what to do as i already verbally accepted the liability and i paid half of the repair cost, is it to late to inform insurance about? No damage with my truck and minor on her, she initiated that she doesnt want to call the police. 33-7-11 (c), if you fail to report the crash to the police as quickly as possible, your insurance company can deny your claim for uninsured motorist coverage. I dont know what to do since the police report is key in this accident, the other driver was at fault and now im without a car. Iam nack home in ohio and cannot confront them about the run around they are giving me and the insurance company. I examined both vehicles and my car received minimal damage to the right front bumper while the Honda had damage to the right bumper and headlight. Some car accident cases are fairly straightforward. Your have the option of filing a damage claim with the opposing driver's insurance provider. Alyssa Milano. Learn more about what to do after a car accident. We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! Well half a year goes by and we get served papers saying the man is suing us and his car was totaled!!!!! Im sorry this happened to you. I took a dozen pictures thereby visually preserving the scene and the cars positions and damages. Was the person's testimony at trial consistent or inconsistent with that person's past statements, especially statements to the police about how the accident happened? The tow driver told us no way he ever applied his breaks. While its unlikely youd be arrested for this, he may decide to try to file a lawsuit. No report filed and guy she hit said his damage was from previous incident said he would love to say she did it but said he was fine and left. We were on a 3 lane wide, semi in the middle and me on the right. Since the other man likely has an attorney representing him, you shouldnt try to handle this case alone. Instagram Dress-maker-Atlanta. All lawyers and police use excuses, and I am bleeding under my feet from this. At the time I had no insurance, but she did. I use my bosses equipment tools and vehicle. Below is some helpful information on what to do after a he said, she said car accident. The other driver hit my car from behind and took off. Call the cops and I will give it to them so he did . Whether or not you can obtain compensation will depend on many individual factors such as state law and your specific case details. The mechanic on the phone insured me that he would attempt to contact the at fault driver, and would give me a call back once he was able to. Yesterday her stepfather told her that his brother was the one that hit her car and my niece knew all his brothers were drinking all day. I have insurance on the car but for her. But, it might be a good idea to consult a lawyer to find out what your liability is. But this couple was still convinced I hit them. I would locate a personal injury lawyer in your area who is willing to provide a free initial consultation. She had to be injured as she took off the back of my mirror on the passenger side. Its was April 22nd to now May 18th a month. In general, you dont want to delay making a police report. Get your insurance company he ever applied his breaks he had applied for a consultation... And no injuries were visible, there was any you did everything you under! 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