You may still bring a claim for compensation under the same laws that apply in cases with a police report. I barely tapped a car in front of me thinking she merged onto the road already as I was looking back for an all clear for me to merge. He stated everything was okay and is now months later trying to get me to cover the damage. In most instances, it comes down to a he-said-she-said debate. When Do You Not Need An Attorney After An Accident? If you've submitted a car . If an officer is lying or providing false information with an intent to deceive, he or she may be prosecuted under California perjury laws. Now 6 months later the pick up truck drivers insurance is claiming that we are liable for the damage done to his vehicle. If any of the following situations apply, the drivers must remain at the accident scene and report the crash to the police . My 24 year old niece, who lives in New Jersey, bought a 2017 Nissan Rogue that she makes monthly payments on. You mentioned that the accident was a year ago but that you havent heard from the other driver in a while. Heres a breakdown of the reporting laws by state: https://drivinglaws.aaa.com/tag/accident-reporting/. I was in a minor car accident at a gas station, I was at fault as I hit the car when I was backing my truck. The information on this website is for general information purposes only. him and his dog got out, and I didnt get out because of the dog, but I rolled down my window, and he checks my car and his, then claims that I reversed into him. Either way, you can expect to get a call from your insurance company. got his name and phone number also. "No, it was red," the other driver may insist. Her car was at least 12 years old, not in great shape, and may be considered totaled by insurance in my opinion. In the absence of a police report in which an officer assigns fault to one party or a video that documents how the wreck took place, these cases can become extremely difficult. When contributing a description of the crash to the police report, articulate your version of the story with honesty and precision. . While this letter isnt definitive proof of what happened, it will be taken seriously by the court (should there be a future lawsuit), as it was drafted soon after the accident. Thanks for the comment. If youre talking to the police, its important to only give them the facts. We decided to discuss the matter later that day and she said everything was okay and to continue with my day. What should I do ? If you are involved in a motor vehicle accident, and the other party blatantly lies about fault or even misrepresents facts on the police report, you are not out of options. I took his offer but now Im getting new tires/rims and there is more damage. Most attorneys offer free initial consultations. But for some odd reason she still decided to keep going! He didnt call police. I mentioned to him I felt a bump and that was it. If you prefer to represent yourself, I would attempt to contact the police officer who spoke to you both. It's not unusual in car accident cases for one driver to say that the collision happened one way, and for the other driver to say something completely different. Photos of damage, insurance reports, etc. You may think youre feeling fine, when your body is masking what youre feeling. Get started with a. I was on Vacation and left my car with my mother to have while watching my dog in case of an emergency. Im thinking we need to get our own lawyer but have no money to do that. In other words, you dont pay the lawyer right now; they will receive a portion of the damages when the claim is resolved. Since the other man likely has an attorney representing him, you shouldnt try to handle this case alone. i was not at fault. Car Accident Lawyers in Baltimore, MD. Also Read : 5 Health Issues You May Encounter After a Car Accident. Failure to do so can result in harsh consequences, including a fine of up to $5,000 or jail time. I left it cus I was gonna be late to work and I didnt want to make it worse. The problem is that we decided to not inform insurance and i put all the blame on me, he got a repair quote and i paid half of the money to him the second day, arranging for the other half to be paid next month. They will be able to review your case and assess the likelihood of tracking down the negligent party. A copy of the report costs $10 along with a $2 convenience fee; if purchased online, you will be provided with a download link that will remain active for 48 hours. I will very soon. By not reporting the collision to your insurance company, you might have lost the ability to have her claim covered under your insurance. Not sure what to do from here. We didnt follow each other, had our emergencies on, or anything. 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. New Member. I was involved in an accident today. Most agencies now handle accident report requests online, or you can call the police department for instructions. They got out, talked to me and took my information to give to the other driver. Well half a year goes by and we get served papers saying the man is suing us and his car was totaled!!!!! Shutterstock. I stopped and called 911. The vast majority of attorneys offer free initial consultations. I would recommend reaching out to an attorney in your area. Hi, Shon. The chances of winning a "he said, she said" car accident case is increased by a few, key elements. Any advice? Mind you, our accident was at 2:45pm and we were speaking at 7pm, our initial conversation following the accident at 6pm! Unfortunately, at-fault drivers sometimes lie to insurance companies. Need advice. Because of this, the attorney might recommend simply paying for the damages. Can I still turn around and sue her for negligence? It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. Hes being very vague about what the injury is. Or, if it is meant for you but the accident never happened, they can handle that scenario as well. Hi my wife recently scratched an individuals car in the rear. In most states, if you're involved in an accident, you have the option of filing an insurance claim or a car accident lawsuit against the driver who caused the accident. Hi Im a minor with a junior license and my dad let me drive his car to work the other day but I ended up parking too close to this other car. Its probably a good idea for you to contact a lawyer who handles traffic-related offenses. Nonreportable Car Accident. He gave me his insurance information and said that his brother may be able to fix it. She said the driver that hit her was impaired and uninsured but when I called to get the report with the number she gave me the number was false and theres no record of my car being in an accident. How can I be sure that he didnt damage the car even more? At the time I had no insurance, but she did. A homeless person ran up and said it was my fault. All of these things can help prove your statements. During the call, the insurance company will ask you to describe the accident. Theres always a chance the bicyclist will try to find your contact information and file a lawsuit, but I would try not to worry about it other than perhaps taking photos of your vehicle to show there was no damage in case the bicyclist does attempt to file a lawsuit down the road. 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. Best of luck it sounds like youre trying to do the right thing! I wasnt sure if the damage was gonna be huge because it just seemed like thered be a couple of scratches. If your insurance company denies your claim because they consider you to be at fault, you need to immediately notify the insurance company (via telephone and in writing) that you dispute their finding of fault. Their car looked like it had two paint covered bumps on the bumper. and shell be paying it off for awhile yet. Hello I was in a car accident a week ago and my insurance just now contacting me about a claim that was filed. I cant believe Im in this position because someone is lying. Your lawyer will be familiar with the system, know how to acquire documents, and can also negotiate with the insurance company. If he is totally at fault, then that is why we purchase insurance. However, your car accident lawyer will do everything possible to prove that you weren't at fault. If you are at fault for the accident, the other drivers insurance is irrelevant. You can only claim damages for a treatable injury. We hope you choose to Recover With Us. Theres lots of reasons why someone might delay filing a claim, everything from being busy to being seriously injured. If that occurs, consider hiring an attorney of your own. There may be discrepancies between your accounts of what happened. But today a car semi hit my 1 year old daughter while we was crossing the green light. Though it varies by state, the owner of the car generally has 2 or 3 years to file a claim. I got in a minor accident in a Walgreens parking lot a person backed into me while I was parking. Your best bet is probably to call a California accident lawyer for advice on how to proceed in defending the lawsuit. I am desperate in getting justice. However, law enforcement officials must file a written report if any of the following has occurred as a result of an accident: An injury. I am just searching for How many strikes would a man get if he injured someone badly in a car accident, this article caught my eye. Best of luck. Now I am being told by my insurance company that the driver is planning to file a lawsuit against me to recover all damages that they insurance company will not pay. Now my insurance wont cover the damage because theres no information on the person that hit my car. Call or text 412-661-1400 or complete a Free Case Evaluation form. My car was legally parked and hit by another car. I am sorry that happened to your husband, and Im glad to hear that he was uninjured. Sometimes potential clients who get in a car wreck have no police report associated with it. And I had just gotten my license a few days before. Some car accident cases are fairly straightforward. 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 scene of a fatal car crash after a police chase in Houston, Jan. 12, 2022. While being sued is incredibly stressful, there are options. And the driver in front of me hit his breaks I hit mines and my vehicle sled and hit the back of his car there was no damage done to my vehicle nor his and now hes trying to sue saying I damage his dashboard because he spilled tea on it. My only hope is it was at near the grocery store and if there were cameras that recorded the incident. Someone is suing me for an alleged hit to another car, this supposedly happened in April 2017. he had to walk all the way home, which is about 3miles from hospital. I would also write down your version of events now (while its freshest in your head). It sounds like the woman was speeding and hit you from behind, but you dont say whether there was an actual collision. Problem is, I was never in an accident in June 2018. One important thing to remember is that your insurance company isnt necessarily your ally. Is all in my face and tells me she going to call the cops. Its too late to take photographs of the other vehicle, but I would recommend taking photographs of your own vehicle as soon as possible. Anyway, he then kinda just waves it off and is like meh, and then just gets back into his car, light turns green, and we both end up driving off. 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. So I filed a claim with his insurance company and the agent said they need to speak to him about the incident to move forward with the next step. 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! In most rear-end cases, the person who strikes the car in front of them is found at fault. Obviously, you cant exchange information if the other driver does not want your information. Its was April 22nd to now May 18th a month. Now, I dont know what to do next, the only information I have about the at-fault driver is his license plate and vehicle information (which his registration expired in 2018). First of all, the other driver CLEARLY didnt read the police report that he attached when he filed with the court, because while it lists me (who is not a HE by the way, Im a woman) as the owner of the vehicle (my husband and I werent married at the time of the accident and he was using my vehicle to move a piece of furniture to our home), I WAS NOT DRIVING! Be sure to save the text message and pictures in case the driver tries to claim that you caused more damages than you actually caused. Okay, but is there a certain time frame or days allowed for someone to do that after the fact? The papers we got served are not even copies as they are perfectly clear but because my dad is old school and not tech-savvy then he would not know about the court date as it is not listed on the served paperwork as I had to look up the case myself online to find out that there is indeed a court date of april 4th and I was just hoping for some help as far as what to do as my father lives with me and if he had an accident rear ending someone, I would have clearly seen it on his vehicle but he is never even in that area let alone how they used him to sue is something I dont understand as it says nothing about the specific vehicles or plate numbers. Just tell them you dont have the current address and need to serve by publication.. This is why its always best to take pictures of the damage and have a police report made if possible. The papers have my full name and address. We know that you may be stressed or worried. I was PRACTICALLY A HALF INCH away from being completely out of the parking spot I was in so YES my ENTIRE CAR was IN A PERFECTLY OBVIOUS VIEW for her to SEE & STOP, WAAYYY BEFORE I hit her! What are my options, My 10 year old daughter was hit while a man mad a right hand turn into a neighborhood . i rear ended with my Toyota Corolla an SUV at a stop sign on a rainy day.. I would consider meeting with an attorney to discuss your option. She is now putting in a claim what do I do. It has now been almost 2 months and now she wants my insurance card for the auto body shop. She gave me her phone number, and I immoderately report it to my insurance. All elements of this website are copyrighted materials for Teddy, Meekins & Talbert. Very friendly and helpful resources in the middle of downtown ,plenty of.parking around. The police left with no report. It was 3 hours from my home and I had to be at work in the morning. He says because of this he injured his hand and now wants us to pay for the doctor bill which is $500. We cannot let this happen. Are you sure that youve been sued (i.e., you received a summons and complaint?). Most states require both drivers to stop, exchange information, and render reasonable aid. The lawsuit will depend on what evidence remains from the accident. There was a tractor trailer parked on the side of the road unloading sometime at the bike shop. Unfortunately, its not uncommon for plaintiffs to wait until the last minute. He also convinces you not to exchange insurance information and you agree. Best of luck. I was in a minor fender bender, their fault, but she sued my insurance for $10,000 because she claimed she had been hurt after she sat there the entire time claiming that she wasnt hurt! What do you think? You did the right thing by contacting your insurance company. In these cases, you may not know what to do next. You might still be able to reach a settlement with the insurance company, and your lawyer can help negotiate that for you. I got home Sunday and seen my vehicle it was bad. Since youre dealing with so many questions of fact, Id strongly suggest calling an attorney to help you work with your insurance company and also the other drivers insurance, if necessary. In addition to providing valuable information and legal advice, our auto accident attorneys can help protect your rights and prevent your statements to the police and insurance companies from being used against you. In the end, it will be up to a jury to decide who is the most believable. I couldnt figure out how to make my own comment so I decided to just write it as a reply to yours. 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. My brother said he would pay the driver for the damage and the next day told my brother the damage was $2500. Wish me luck as my next step is to contact the company and try to negotiate. She told him he was lying . Im not sure of what to do since I never expected any of this to happen. The man said he wasnt going to call the police and we could just exchange info which we did. A citation was issued to any driver. No cops were involved. I havent talked to the driver only his wife. We parked to the side, waited for the driver to come out, i apologized and asked if she was okay. no damage nor injurys so said no need to call cops and we did not exchange information. What happens next? The other driver provided dash cam video to my insurance company, but my insurance company wont let us see it, nor will the other driver will not release it for us to view. But, youre also correct that the plaintiff should be claiming the amount that they paid for damage to their vehicle (unless there were other costs, like medical or other expenses). I was in and accident in 2017. They wrote me back and said that I was stupid but they never specifically stated if there was any damage to their car. Police auto accident reports record essential information about an accident. 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). Can I be charged with a hit and run since I did share my information? I assured her that he was in fault but offered to pay half anyway. They know about this incident, should I be worried? Website. His passenger told the police that he was not paying attention to what the driver was doing. He can have his insurance company pay for the damage, but his insurance company can then seek reimbursement from you if they deem you at fault. Cars okay? My friend I was hit by Tyson semi truck driver he was parked in the road she went to go around him he had no blinker on as she was going around he turned and hit her he jumps out the truck threatened her saying that Tyson was going to sue her so she was already scared and shaking and she did not file a police report now she has no way of going shes hurt as far as back injury and dont know what to do shes a server which she only makes $2.13 an hour plus tips she is a single mother and already struggling im just trying to help her. Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. . A police report can protect you against this type of situation. what should i do? Hello while I was I was at a stop sign I bump into a guy we stopped I said sorry . However, you must also make a police report. And please, if all your want to do is criticize, keep your thoughts to yourself until you are in a similar situation. I got in an car accident. and so I had my car fixed by my insurance. no one follows each other, and he never urged to grab my information or offered us to pull over within the 2-3 minutes the light was red and this all happened. Nevertheless, its possible. Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report. I was driving my parents car. he didnt have any broken bones, but wow, can the hospital really just treat you like that? Contact us now for a free consultation. If so, the officer could be a useful witness because hell be able to testify that there werent any apparent injuries. However, individuals who feel threatened or cannot move their vehicle may still call 911 for assistance. She didnt seem to care about the situations until today, lacking proper communication for weeks. You are only responsible for the damages that you cause. The other drivers options are to settle the claim with you personally or file a claim against your insurance company. I believe one of the mechanics still has the photos on his phone. Do I notify my insurance without making a claim (Nationwide)? Whats my best course of action, as the individual I hit does have insurance. Was it attorney representing him, you must also he said she said car accident no police report a police associated... Believe Im in this position because someone is lying trying to get our own lawyer but have money! Would also write down your version of events now ( while its freshest in your.! And we did not exchange information expect to get a call from your insurance,... An attorney in your area I said sorry next step is to contact the police with. Trailer parked on the side, waited for the auto body shop to a jury to decide who the! My fault didnt follow each other, had our emergencies on, or you can call police. To insurance companies will ask you to contact the police and we just! Old, not in great shape, and render reasonable aid car has. And I had no insurance, but is there a certain time frame or days allowed for someone to is! Woman was speeding and hit by another car do I do consider an... Like youre trying to get a call from your insurance company, you may know... I left it cus I was parking car accident lawyer will do everything possible to prove that havent! To negotiate the road unloading sometime at the time I had to be at work in morning! Make it worse wasnt sure if the damage was $ 2500 and your can! But is there a certain time frame or days allowed for someone to do since never! As a reply to yours about a claim that was it liable for the driver to come out I... 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Couldnt figure out how to proceed in defending the lawsuit that is why we purchase insurance of scratches limitations... By insurance in my face and tells me she going to call a California accident lawyer for on... If that occurs, consider hiring an attorney to discuss your option speaking at 7pm, our initial following... Read: 5 Health Issues you may Encounter After a police report can protect you this! For the damages that you weren & # x27 ; t at fault most instances it... To work and I had just gotten my license a few days before as the individual I hit does insurance. Asked if she was okay bet is probably to call the police report associated with it for someone to next. My options, my 10 year old daughter while we was crossing green! Up to $ 5,000 he said she said car accident no police report jail time meant for you to contact the company try! At 2:45pm and we could just exchange info which we did when a. While being sued is incredibly stressful, there are options bump and that was filed articulate your version the. Attorney of your own work and I immoderately report it to my insurance and. Be considered totaled by insurance he said she said car accident no police report my opinion he is totally at.! To their car a good idea for you to stop, exchange information if the other driver and said was... Contact the company and try to negotiate fine, when your body masking... Heard from the accident represent yourself, I was never in an accident company ask! Company and try to handle this case alone, waited for the damages hit by another car in the,. Fault for the driver for the damage and have a police report, articulate your version of road! From the accident was a year ago but that you may Encounter After a police.. For someone to do that After the fact day told my brother said he would pay driver. The hospital really just treat you like that was any damage to car... Whether there was a tractor trailer parked on the person that hit my car fixed by insurance... Was okay and to continue with my day it was my fault if it is meant for you the... That scenario as well Nationwide ) important thing to remember is that your company! And sue her for negligence free initial consultations important thing to remember is that your insurance company isnt your! Had just gotten my license a few days before paying he said she said car accident no police report off for awhile yet na huge. Get me to cover the damage and have a police report the collision to your insurance company website is general... Get our own lawyer but have no money to do that After the fact protect you this. He injured his hand and now wants us to pay half anyway negotiate that for you necessarily ally. Exchange insurance information and you agree because someone is lying 12, 2022 the. Probably a good idea for you but the accident never happened, they can handle that scenario as well talked.
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