Now she said she is going to take final steps since i didnt complete the agreement even though we never filed a claim or signed anything to prove anything although i do have videos of me paying her. 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. Even if the at-fault driver of a car accident denies . The question here is, why is this happening after 2 years and what kind of lawyer do I need? Your attorney will be able to help you file a claim (and a lawsuit if necessary). I lost my job and hes aware of that but he threatens to call the police. and if it hit the other drivers windshield, I cant imagine that he would have not braked or swerved. Im thinking we need to get our own lawyer but have no money to do that. Try to get shots of both cars and the accident scene from as many angles as possible before you leave the scene. A pick up truck that was behind him decided he didnt want to wait to try to get to his turn 1/2 mile up so he proceeded to try to squeeze up along the left hand side of my husband where there was no legal lane and he got himself pinned. Any advise what to do? If you're dealing with a "he said, she said" situation, you'll probably need to hire a car accident lawyer. Again, without knowing the specifics, the only thing I can recommend is that you seek the advice of a lawyer. Also Read : 5 Health Issues You May Encounter After a Car Accident. 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. The longer it takes you to report the incident, the less credible you look. When his brother left he hit my nieces car but never said anything to anyone about it. And I had just gotten my license a few days before. Best of luck it sounds like youre trying to do the right thing! The thing is my brother was with me he had applied for a job at that place that was the reason we were there. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Of course, filing a lawsuit and proving that youre responsible for her injuries are two different things. The fact of the matter is, the accident still happened, regardless of whether or not there's a police report. We also exchanged numbers and I texted later on in the night asking if hes ok and said sorry again. Here, you can find a state-by-state list of reporting requirements. After a very quick conversation, we both got back into our cars, I drove off and noticed she pulled it over. I was willing to work with this man and make payments to himwhich he was agreeable to in the beginning. But . The person in front of me stopped suddenly, so I did to. I just visited your Blog and was truly amazed by the fascinating info there thanks for this Article. It was a freeway exit so he took her to the nearest gas station to see if she was okay. The other driver apologizes profusely. 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 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. The conversation ended when I wouldnt budge; to him saying well be prepared to get sued, you know we have your address! I would contact your own insurance company and make them aware of what happened. Anyway, this couple was just adamant. Its definitely scary to have such a close call. 2. Please feel free to use the Enjuris law firm directory for a list of qualified lawyers in your area. What other choices do I have. This includes damage to the vehicles, skid marks, paint on a car, etc. Will our non insured motorist cover this without a police report on file or should we file a report after the fact? I can understand why this situation would be concerning. It doesnt sound to me like she has any evidence that you hit her. Documenting the details ensures that all parties are protected. If he can provide a statement that there was no accident, that would help your case. You are required to notify the police if anyone is injured in your accident. The car insurance claims process is usually quite straightforward; but sometimes you'll want legal counsel. I tired to appeal to get him to take the witnesses statement but he denied each time. My niece got up the next day and went to work at a local hospital from 3pm-11pm and since she parks with the front of her car facing her house, she didnt see it and when shes done working its dark out so she never noticed until next day. He also pulled off the road behind me. If so, the officer could be a useful witness because hell be able to testify that there werent any apparent injuries. Problem is, I was never in an accident in June 2018. 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. I would contact your insurance provider and explain that he is threatening to sue you. Or is this fightable? Your first step should be to make sure the reason the reason for the exclusion is legitimate. I gave her my information, but she did not give me hers. She is now putting in a claim what do I do. Finally one day, over two weeks ago, we were able to have a phone call to discuss it somewhat and she demanded I respond to her later that day to an invoice from a mechanic about the cost of the damages. Hi, Lilly. If youre concerned that the vehicle owner is going to sue you for damages, your best bet is to contact a lawyer who can advise you based on the specific facts of the incident. There's an easy way for insurers to resolve this issue when they don't agree. However, they were adamant I hit them. 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. I am from FL. I had to leave because I was gonna be late to work but once I got to work I wrote them a letter with my number on it and went back outside to place it on their windshield. This man went out and god knows what he did to his car and himself to sustain this image of my husband doing this to him. 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 . Fast forward two years and I get a summons/notice to MY name that the other driver is suing ME for the full amount allowable by law ($6,000 plus 10% interest from the date of the accident which is BS anyways because his car is the same year as mine, but a crappier make/model and he had less damage then we had. This report will likely include the officer's opinion as to the cause of . Sorry youre in this situation! Initial consultations are generally free, so youll be able to find out whether the attorney is willing to take on your case without any cost to you. I have zero information on him, and if it werent for his dog going ballistic near me I would have gotten out and taken pics or caught his license plate. They cant sue you for parking too close, unless there was no way for them to move their car without causing damage. You can certainly reach out to her and try to settle the matter without involving the insurance company. Oh, and a PS to add to my question regarding possibly being wrongfully sued. However, it CAN be used against you if you appeared in front of a judge with respect to the ticket. Instagram Dress-maker-Atlanta. We are here 24/7 to address your injury case. 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 My car was total loss while the other car only had scratches in the bumper. I was in a accident were i was driving thru an apartment complex and a driver talking on his phone backed out in front of me causing my car to be totaled. I felt like I was just bruised so I just wanted to go home and not go to hospital and deal with police reports all day. Not her insurance company is trying to come after me and saying im at fault. Most personal injury lawyers will offer a free consultation. 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. However he hired a lawyer to represent him and my insurance company says that they will defend me. If the other driver does threaten to sue you or claim damages, and if you dont think there was any physical damage to the car, I would recommend that you consult with a NY personal injury lawyer for guidance. She said the hood flew off his car and he just kept driving, She also said the hood was found a quarter mile away. Attorneys at Law. I exchanged information like I was suppose to. A police report has been made and several witnesses to the scene called it in. You can call the local station in which the accident occurred and file a report over the phone as well. I was unable to get any information or license. Most initial consultations are free. Judges and juries are inclined to believe police reports and neutral witnesses over having to determine the truth from competing claims. how long it will take if she sues for us to get a notification? For example, if one of the drivers realizes that fault has been assigned to the wrong driver, he or she can appeal to have the report changed. I would consider meeting with an attorney. Take pictures of the debris from the cars, if there was any. So, you're probably going to have to file a police report anyway. Tyre Nichols . I informed the owner, unfortunately she didnt care much because damages were minimal and left back inside . Its certainly not unheard of, but most lawsuits dont get filed until much later. The cops came and said they either go inside or leave because of how loud and drunk everyone was. The driver seemed under some sort of influence at the time of the accident and i believe that is why he did not want to do the report then. I repeatedly apologize for that. He said hes fine, hed already gotten an estimate and the damages to fix the vehicle were 2-300.00 and that hed let me know by the end of the following day what the cost would be to settle! He also played 7 years in the NBA WITH Lebron James but swear he hasnt got anything. 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. Car rear ended me while I was making a right turn on a red light. Finally, today she said we need to discuss the damages. I thought this was settled and done with but then I received a text from the other party claiming that they were taking me to court for property damage because my insurance refused to pay for his car: why would he do this if his insurance is deeming me at fault? In Texas, for example, if the collision leads to a fatality, serious injuries, property damage costing $1,000 or more, or damage to local government property, it is essential to file an accident report. I backed into a car at a friends house had been there for awhile some 16 year old parked behind me I came out in a hurry and backed into him I gave him my insurance card come to find out he had stole his grandmother s car went home and lied said I was drunk and came to there house and hit there car took me 2 weeks to get number for owner of car since then I have given the owner 200 cash and paid to have car fixed like it was they showed up to shop to have fixed and started acting a fool and was saying I caused more damage then I did would not leave car to get fixed said they would take 2500 do I have a chance to win claim. In those cases, it'll come down to one driver's word against the other's. To win a he said/she said car accident case, you'll need to gather evidence from: The police report. I paid him for 2 months straight then I stopped. . She was already starting to cross the street when this happened .. now we didnt get a police report because after waiting 1 hour I felt more important to get stuff to treat her road rash an d cuts on ankle .. Im making app with her doctor tomorrow will this hinder seeking any kind of settlement from the mans insurance . And the officer was off , no report. Any advice? If you don't have a camera or aren't physically able to take pictures because you were injured in the accident, have a friend or relative take pictures of the intersection and your car as soon as possiblecertainly before you get your car repaired. Finding the best attorney to represent you, Personal injury vs. workers compensation. If you cant track down the police report yourself, Id suggest calling a personal injury lawyer. I really think he was speaking on speaker phone and recording me, which is fine. The police located the driver within minutes and requested that I meet the officers. 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. Without one, the situation can turn into a he-said she-said ordeal. For example, theres nothing that really prevents this person from saying that her car was more damaged than it actually was, or from saying that she suffered more serious injury than she actually did. Well now he is telling the insurance company that they have the wrong number and telling me they havent called him. Some injuries dont show symptoms until days later. If the couple does choose to file a claim, the law would likely be on your side since a police report wasnt filed and the woman insisted she was fine. By nothing happened to my car other then the license plate was knocked up. I would recommend talking to your insurance company so that they can contact his insurance company and resolve the matter. Finally, just a note for the future you dont have to admit fault after an accident. I am going to go to Jail for this? Avvo Rating: 10. 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. His hitch did more damage to my jeep, I bent his back bumper barley. Long story short, he was attempting to use my insurance and my insurance deemed him at fault based on photos that they took. The attorney can help you navigate the issues surrounding your lack of insurance and lack of license. No one is defending the fact the malfunction equipment is our fault. I was in line at Burger King and I backed up and hit the car behind me they have maybe 3 to 4 inch crack eggs peeled up a little bit they said they do not want to get the cops involved in insurance so we both left I gave them my insurance obviously I was wrong and its been three days and they still wont give me their insurance theyre getting an estimate even though Im trying to pay out of pocket they still wont give me their insurance if they end up calling insurance on me and I didnt call because I was planning on paying out-of-pocket will I still get in as much trouble if I explain and I have proof that they refused to give me their insurance. He told them not to come back and if they did they would be arrested. This presumes you have the California minimum statutory car insurance limits, which are: $15,000 for injury to one (1) person in one (1) accident. If you live in a traditional fault state and you are embroiled in a "he said, she said" claim, it's particularly important to talk to a lawyer because you'll have to, But if you believe you're being blamed for a crash that wasn't your fault, you might need the hire a professional who can help you, how witness credibility affects a car accident claim, how an attorney can help with your car accident claim, When You Are Liable for Another Person's Driving, Do Not Sell or Share My Personal Information. The car drove off and the a block away he stopped to check the car and then drove off again. Hi, Javier. However, the insurance company has already claimed responsibility and is covering all property damage. You didnt mention whether you left a note identifying yourself and letting the driver of the other car know what happened, although its good that you had campus security document the incident. I was waiting for the red light to turn green, but I accidentally accelerated before time and slight hit the car infront of me. I could see the driverc car about 50ft from where the officer and I were standing. I couldnt figure out how to make my own comment so I decided to just write it as a reply to yours. I live in Florida which is a no-fault state. Call our team today at(412) 661-1400 for your free case review. In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. However, it doesnt bar the claim from going forward. A police report or crash report may wrongly find someone at fault for a car accident because the investigating officer is making a decision with inadequate information and training. Hello, thanks for the information. Ive accepted the fact there is no way to prove my sons statement. 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. If it's safe to do so and you have a camera or a camera phone, take pictures immediately after the car accident. Im sorry youre in this situation. Failure to do so can result in harsh consequences, including a fine of up to $5,000 or jail time. I use my bosses equipment tools and vehicle. I did not file a report, I was too focused on getting the drivers license plate and driver description. No cops were involved. The security guard at my doctors office changed my tire. Im on SSI and most of my monthly money goes to my bills. Your best bet is probably to call a California accident lawyer for advice on how to proceed in defending the lawsuit. I have good insurance that will cover costs. If you caused the accident, her insurance company can come after you for the damages. helpppp. Call Today 704.749.7747. Use our free online directory to find an attorney. I feed and want to know if I can sue? If the offending driver hasnt fled the scene, a report sometimes isnt necessary (if a driver has been injured, however, a report is required). My brother hit someones car the other day. Its hard to answer your question without all of the information. I am sorry this happened to you. What can I expect? Did you happen to take down the name of the officer? 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. Police told the family of Ronald Greene that the 49-year-old Black man died after his car crashed into a tree during a police pursuit in May 2019, and in the two years that followed refused to . 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. Car Accident Lawyers in Baltimore, MD. If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. The other witnesse statement backs up my claim along with my brother statement. my husband was hit on the driver side by a car that sped through a red light and also didnt have on headlights, when I got to the scene both cars were totaled. The cop told us that if neither of us was hurt then there was no need for a report! can he really sue me over this instead of going through his insurance? It doesnt sound like a judgment was ever entered against you, in which case the company would have no right to collect money from you. Once he seen the damage he daid he would not be able to. Please advise if I can get some assistance with the pain and stress of possibly message up my knee replacements. Good luck! He excepts fault and has told his insurance he caused the accident but they denied the claim saying i was at fault.What should i do? You might still be able to reach a settlement with the insurance company, and your lawyer can help negotiate that for you. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. Beforw we parted pur way she stated. Learn more about how an attorney can help with your car accident claim. Your insurance policy may include uninsured coverage, which would provide coverage to you in the case of a hit-and-run. Im sorry youre in this situation. 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. Minimal damage to his car and none to mine. Well, she didnt move and I tapped her car. The vast majority of attorneys offer free initial consultations. The at-fault driver then offered to bring my car to a shop he often utilizes, and have it fixed for me, and that we would not have to call the police. In the aftermath of acar accident, it is not uncommon for the other driver to claim that it was your fault when you firmly believe that they were responsible. The day after I got an estimate amd sent it to him, but he did no respond. Hello Maria. But then the lady turned around and claimed that she was! Car accident; Civil rights; Consumer protection; Criminal defense; Divorce and separation; DUI and DWI; Employment and labor; Estate planning; Family; 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. This could potentially hurt your compensation and result in you getting less than full compensation. Good question, thank you for asking. Your insurance should cover most of the damage. A police report is just that: a report. They want to pay the minimum amount possible, whether its to you or to another party. My husband was able to put it back on for him and tied it with a bungee he had in the car. She only left her house to go to work the previous day so she thought it was definitely someone at the hospital who hit her car in the parking lot. Sorry this happened to you. I was at a red light yesterday afternoon (Lexington, KY) and the light was about to turn, so everyone started moving forward. 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. The best time to find a neutral witness is right after the accident. This is all valuable information that can help a court decide what actually happened. 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. The police were not called, but information was taken by a campus security officer. I didnt believe I was injured at the time but over the next couple of days my back and neck were so tough and painful i couldnt turn or twist. Though a police report is often helpful, you dont need a police report to sue someone. She didnt file a police report or tell her insurance because she didnt want her insurance to go up so she is paying out of pocket for the damages. Theyll be able to tell you about your rights and defend a false claim. The officer expressed that shes an older white woman that was scared and that was why she refused to stop. They feel the need to be different when you are already different. I was able to get the name and phone number of the driver from her sister. My 16 year old daughter was in an accident several weeks ago where she backed into a car while leaving a private drive way, One of her friends was having a drive by birthday party and the road in front of her house is a three lane road (one each direction, a turning lane, and no parking capabilities on either side of the road). The fact that you both agreed not to call police should work in your favor if he tries to sue you. They said they wanted money. He exchanged info with the other driver. In 2019, which is the latest year for data, there were 6.7 million car accidents that were reported to the police, according to NHTSA data. He was cursing and all I stayed calmed there were not scratch or damaged I didnt even felt I hit him until I look at the front . The insurance company reached out amd he did not respond. 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. he just darts back into the car before I can say much of anything else. If that occurs, consider hiring an attorney of your own. One of girl runing very fast she hit passanger side I get scare stop little down she look ok didnt make police report cop arest me this case is 600 2 a I have cort in April . My license is valid with no restrictions etc. I was driving down a long straight stretch when a car came out of no where from behind me really fast on a busy highway . Any advice would. suggestions. Its too late for anything at this point as we are both home at this time. We wish you the best! Please comment with some advice or just your personal opinion. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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 . Be sure to get a release from the other insurance company. Try to document the exact point of the collision. He never took my brother statement nor the other witnesses, He said theyre not creditable because the police didnt take their statement. I got her license plate and damage photos. If you choose the latter option, be sure to let your insurance company know about the texts and pictures. 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. 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). How can my insurance say this when there was no report written and Florida is a no-fault state? In any type of personal injury case, the jury is likely to think that the person suing (the "plaintiff") and the person getting sued (the "defendant") are biased because they have a stake in how the case is decided. Dont be afraid to ask an attorney! I really appreciate the advise provided here as I thought I was in the clear with no police report. Its a very helpful piece of evidence that provides a lot of useful testimony. I was injured and went to seek medical help, nothing serious but whiplash and a minor neck and back injury. I didnt make a police report because my daughter wasnt crying or anything. 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. 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. She got my name/number. So he said well Ill get back in touch with you. The truck didnt seem to have any damage at all. 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. NOW GET THIS, the police had him to bring his truck in for inspection. What they could do in this situation? 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??? while I was consoling my husband and taking pictures of my own the police officer left the scene without giving me a report number. I was involved in an accident. New Member. Her stepfather and his family are very well known in town for their constant criminal behavior and their numerous trips to jail for drugs, fighting, robbery, theft etc. First of all, Im not a he and second of all, I wasnt there and wasnt driving. After about 3 hrs. The police generally come to accidents that involve injuries, but they often stop at non-injury accidents as well. He told us that this guy hasnt got a leg to stand on. 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. You dont want to fall prey to any sort of scam. 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