We did exchange phone numbers . Very small and no chipped/scratched paintthey looked like factory sensors or something. My family is not one to sue, but I realize that my very life could have been taken in a flash. However, the fact that he turned down your information will help support your argument that he didnt incur any damages. Writing down names and contact information for these witnesses may make the difference between winning and losing he said, she said car accident litigation. I Now this passenger that is not even in the police report, got his attorney to file a claim to my car insurance. The information on this website is for general information purposes only. So, can I deal with my insurence to change their decision and get my right to medical expenses. I know it wasnt the right thing to do but i floored the gas peddle , a high speed race on the Hwy for about a mile and half until (we) my other 2 passangers were close enough to get the tag number. About 8 seconds later a car smashed into the back of me. This just recently happened, but I was stopped at a red light, and this guy behind me crept up on me and lightly, and I mean as light as a feather, tapped the back of my car. 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. hi i was in a minor accident the lady was fully stopped behind me and tapped my bumper. He really didnt seem to care. Photos of damage, insurance reports, etc. If the accident happened more than 2 years ago, this all could be moot because its past the deadline for someone to file a lawsuit against you. or depose the owner and get them to admit under oath that the dents were present before the accident. I asked him to contact me if he needed anything. Our article on what to do following a car accident will give you some additional information: https://www.enjuris.com/car-accident/filing-insurance-claim.html. If the other party doesnt file a claim before the statute of limitations runs, theyll lose all of their negotiating power. Now the father of the owner is wanting me to pay for the damages that his daughter said were already there. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. The police inspected his car and mine said it was very very minor and his car had no damage and he said he was fine. Beforw we parted pur way she stated. I got her license plate and damage photos. I have since been to the doctor because of my back pain, & they told be I would need to start therapy. No police report was filed, No communication took place between my husband and the other driver. Without knowing the details or looking at the complaint, its impossible to know how likely it is that hell be able to prove his case. The truck didnt seem to have any damage at all. On the way to the tire shop someone stopped very quickly in front of me and I slammed on the brakes but the car didnt stop. got his name and phone number also. This article provides additional guidance: https://www.enjuris.com/blog/questions/hit-parked-car/. Could he come back and sue me if there was no damage or small amounts of damage even if he turned down getting my information? Unfortunately, I was involved in an accident. He called the drivers insurance company and found out that the insurance had not been paid in 3 months. If she attempts to sue him, the lawsuit will be dismissed. So yes, you can still file a car insurance claim to get compensation with no police report. The tow driver told us no way he ever applied his breaks. They can contact the lawyer who represents the plaintiff and get some more information to determine who the complaint is actually meant to be against. Youll want to find out if your daughter suffered any injuries so you can decide whether you need to file an insurance claim against the at-fault driver. Of course the man denied saying the remark about burning down my house. Thank you for explaining that most insurance claims forgo with the police reports, especially if the driver at fault hasnt fled the scene of the crime and the victim hasnt been injured. I got in an car accident. It states the other driver said he was directly behind my son, the hood flew off and hit his windshield impairing his vision which caused him to hit my son. Im not entirely clear on what happened, here. And I had just gotten my license a few days before. The outcome of these types of cases usually turns on: Let's take a closer look at these four factors. Typically, a person is at fault for rear-ending another vehicle. We have gone round and round with our insurance company and are getting no where. If you wish to file a lawsuit instead (or you dont have the contact information for the at-fault driver), you should reach out to an attorney in your area. No place immediately pullover so it took me about a mile the police showed up, then came back to me. Do you think I have a case, if I try hiring an attorney & suing her for damages & my medical bill? Most likely, the driver will reach out to you and try to resolve the matter out of court. She hadnt had the car long when it was hit. You also should take your car to be examined right away. It sounds as though theres a lot of good evidence between the several witnesses and camera footage. You shouldnt lie, but you can say that youll make a report to your insurance company and let them handle it. The Atlanta Police Department has suspended the response to non-injury crashes as a result of following social distancing guidelines due to COVID-19. I didnt drive anything into anything, because I WASNT THERE! My granddaughter said she saw them and neither of them had shirts on and the father did not have a helmet on. 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. NOW GET THIS, the police had him to bring his truck in for inspection. The scene of a fatal car crash after a police chase in Houston, Jan. 12, 2022. I filed a claim through his insurance company but they are refusing to pay for the damages to my vehicle since he is contesting his citation and saying that I hit him. It was a very small dent and i gave her my phone number so we could stay in contact and i took responsibility. Im waiting for them to give me an estimate but either way they still wont give me their insurance Im thinking maybe they dont have any. It sounds like you have a good case. Why the quotation marks? Please help. Of course, filing a lawsuit and proving that youre responsible for her injuries are two different things. It may quickly turn into a he said/she said arguing match when the police arrive at the scene. The appropriate action for the man to take is to file an insurance claim or a lawsuit. An officer will prepare a police report with crash-related details, statements from those involved, and other important information. 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! 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. After i felt like i gave him to much information on my AAA. 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. So, you're probably going to have to file a police report anyway. However, hiring an attorney can be expensive, and you should keep this in mind particularly if your insurance company is willing to cover most of the damages. we both got out and mad sure everything on the car was OK an most importantly if we were good. Hang in there, lawsuits are stressful, but a civil lawsuit will not ruin your life. So, if you were not married at the time of the accident, your name isnt on the title or registration of the vehicle, and you were not on your now-husbands insurance at the time, it seems like there would be no way for you to be named in this lawsuit. They will continue to call her insurance to recoup their losses. Its certainly not unheard of, but most lawsuits dont get filed until much later. 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. I was in a minor accident Here is my problem. They wrote me back and said that I was stupid but they never specifically stated if there was any damage to their car. Is it because she was able to sue my insurance claiming she was injured? I wasnt even present at the scene of the accident! Make sure youre keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. I was close, but Im very certain I didnt hit them. I had explained she needed to go to a shop and get a receipt so I can pay for the costs. Im so sorry that happened and Im glad youre uninjured. They merely labeled it as an exchange of information even though the driver never stopped to exchange information and refused to exchange information when I asked. The guy in front of me backed into me. So they don't complete an accident report. Unfortunately, its not uncommon for plaintiffs to wait until the last minute. This can be easily corroborated or dismissed based on the damage your husbands car incurred. I realized at that point this was a scam job. A cop did show up finally, no report was written and the entire time she told the cop that she wasnt hurt! and so I had my car fixed by my insurance. If the driver was at fault, then youll need to file an insurance claim with the drivers insurer in order to recover damages (or file a lawsuit against the driver). After a a month I explained I only work part time so I would need a year or two to pay her 3 grand. My husband and the man said yes, no ,yes. Ask for Legal Help. it seems like our insurance doesnt want to move forward without it. Its important to remember that youre not alone and there are people who can help you with your claim. If so, I would go ahead and file an insurance claim (you can either file it with the drivers insurance or contact your own insurance company and provide them with the info for the at-fault driver). 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. What can we do? My car only got a slight scratch which I can easily fix on my own. Boyfriend is very reluctant to pay out a cash sum without a proper appraisal of the damage, as this family member is not necessarily trustworthy. The other driver had the stop sign while I did not. I would contact your own insurance company and make them aware of what happened. The challenge is that it might be difficult to prove that the dents were present before the accident. I have insurance on the car but for her. Many disputed liability or he said, she said car accident cases are determined by the credibility of testimony. 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. 08:51 - Source: CNN. I decided to make a police report but Im not to sure whats next. 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 . he just darts back into the car before I can say much of anything else. If there was an officer on the scene, there should be a police report. 2. He told them not to come back and if they did they would be arrested. This includes names, addresses, and vehicle registration numbers. Its hard to offer specific suggestions without knowing all of the facts or the laws of your state. There was not enough evidence to support either side and neither my husband nor the other driver were cited for the accident. These are good questions for your attorney. Thank you for asking. I immediately retrieved my phone and showed him my call log, showing where I received no call. I called 911 and it took them 25 mins to come by that time the driver had left. 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. The officers never cited the accident as a hit-and-run. how long it will take if she sues for us to get a notification? They will be able to review your case and assess the likelihood of tracking down the negligent party. Well now he is telling the insurance company that they have the wrong number and telling me they havent called him. I was able to tail behind the driver long enough to gather the information for the car and provide it to the police over the phone. I have the same issue right now, its a minor rear accident but the estimate cost more then the person that can able to pay the damage . Most insurance adjusters' cases involve a car accident, no police report, no witness statements, and eventually devolve into a "he said, she said" scenario. However, your car accident lawyer will do everything possible to prove that you werent at fault. Thank you. Youll need to have a process server serve her with the complaint. Then when traffic was due to move a little and my husband inched forward our trailer did do some damage to the pick up truck. I would recommend talking with an attorney and bringing a copy of the notice you were sent. Though it varies by state, the owner of the car generally has 2 or 3 years to file a claim. The other driver hit my son from the rear at 45mph. They are serveal cameras out in the parking lot but he said it has to be court subpoena to view them. Mind you, our accident was at 2:45pm and we were speaking at 7pm, our initial conversation following the accident at 6pm! 2. Thank you for reaching out to Enjuris for guidance. Its was April 22nd to now May 18th a month. I got in a motorcycle accident in early Oct 2021 I was in extreme pain so someone took me to the hospital before police or medical help arrival. If you cause any damage to someone's vehicle or property, no matter how minor, you should stop. 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??? Perhaps theres someone who has the same name as you do who was in an accident and they couldnt track that person down effectively. Hello, my name is Stacey D. I was involved in a hit and run accident in which a guy driving a Ram 3500 black truck ran into my car from the drivers rear side, while driving on 20hwy east literally pushing me into the lane on my right, also knocking off my drivers mirror. When his one brother left it was late and everyone that was still there were inside. Now my insurance wont cover the damage because theres no information on the person that hit my car. i didnt find no police report or any information that could help me the only thing that i found was the name of a officer who called the ambulance . If i have to go to small claims court will i have enough to establish liabilty? Bs.. I do not have the money to pay the full amount in the demand note sent to me by my insurance company received from the the other drivers lawyer. the next thing I know Im not hearing anything from them. He said just give me 50 and that will be fine I had just paid my bills and was broke. 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. This lady will have to prove that (a) you actually hit her car, and (b) she was injured as a result. Second, insurance normally follows the vehicle, not the driver. Fast forward two hours, the police are call my husband, who is in another state working, because my vehicle is in his name, they tell him it was a hit and run and that the other driver has extensive front damage and tell him to have me call them. If the lawsuit is within two years, the statute of limitations likely has not run. A police report is just that: a report. Well half a year goes by and we get served papers saying the man is suing us and his car was totaled!!!!! Oct 18, 2010, 04:39 PM. If it is not a valid address, can we still sue her in the court? Im not sure of what to do since I never expected any of this to happen. It was so minor the police didnt even bother filing a report. 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. I contacted my friend and informed him but hes acting as if I was never in his car. "The light was green," one driver may claim. If i file the suit against the driver could his insurance company pay? Thanks! What happen next?? If the damages (the dents in this case) were caused by someone else, you are not responsible for paying for them. Tje driver offered to pay oit of pocket, but I got his phone number and insurance info. The fact that you secured insurance information from the driver gives you a great start. Regardless, the other driver can file a claim whether or not you decide to file your own claim. It was 3 hours from my home and I had to be at work in the morning. As far as your dads car is concerned thats between you and your dad. If you are at fault for the accident, the other drivers insurance is irrelevant. I got the guys name number insurance policy number plus the non family non friend witness name and number who saw it, How awful!! I was pulling out and my front bumper by the drivers side scraped a mans pick up truck. Hi i had an accident in Chicago . In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. Does the person have any reason to say something that wasn't true? 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. No police, she asked for money I offered $100.00 and she took it then I left. You can tell yourself that all you want, but unfortunately, that doesnt make it true. Be proactive. The light changed and I started to go. I repeatedly apologize for that. The accident happened in NC. Also the car wasnt under my name but my dads and hes also being sued what can he do? 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. His passenger told the police that he was not paying attention to what the driver was doing. Its a written account of what the police officer was told by witnesses and drivers at the scene, along with his own observations of the cars damage, weather conditions, drivers injuries and more. Because of this, the attorney might recommend simply paying for the damages. he had to walk all the way home, which is about 3miles from hospital. I left it cus I was gonna be late to work and I didnt want to make it worse. But my roommate was present when he did. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. In the meantime, I would document the damages to your car (take pictures) and sit tight to see if you hear from the other driver. 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). Hello, there. Whether an accident happens in a parking lot, an intersection, or on a highway, many people get in car collisions every day. Just because the police dont show up to the site of a minor car crash doesnt mean you wont get sued by the other driver. 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. The only damage to the other car was surface paint removed. The more time goes by, the more likely that your memory of what happened could become fuzzy or distorted. and is that irreversible if so? Hi, Shon. Hello, there. Any death or bodily injury. You may be able to work out some sort of payment plan with the judge. Based on what you described, it sounds like the pickup driver is either at fault or at least partially at fault. I was ran off the road by a semi truck on my way to work. In most states, the statute of limitations for a personal injury/negligence claim is 3 years, so if thats true in your state, hes still within the time frame to file a lawsuit. I was in a car crash last december and just received court papers that im being sued. It sounds like you were likely at fault for the accident. Theres no police report number but the forma do have the county clerks stamp on it and it looks real. Hello, I was in an accident in July 2020. Thats why its essential that you file a police report as soon as possible. Anyway, this couple was just adamant. Hello, Bridgette. Determining who's right in a passenger-commercial vehicle accident. While there are situations where its clear that you need to call 911, accidents where everyone seems fine may be a bit more confusing. Minimal damage to his car and none to mine. Hour later he calls and says he has an amount in a voice message. The other good news for you is that most personal injury lawyers dont collect their fee up front. I miss walker need a attorney to sue Geico insurance for not paying me off on my vehicle but I gave Geico Insurance the police report and the statement and they still havent picked my truck up to pay me off on it.
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