We were in a construction zone on the highway, so no real emergency pull off is available where I was ran off the road. 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. A lot of the aspects to this accident should have a paper trail that could either support or disprove whats written in the police report. The police report misquotes my sons statement. This report will likely include the officer's opinion as to the cause of . Instead, they work on a contingency basis. Your insurance company should also be able to investigate the accident. I really neee some assistance right now and Im feeling so helpless. Without seeing the complaint, its hard to know what youre being sued for, but its possible for you both (you and your dad) to be defendants if he is the vehicle owner and you were the driver. And he sure cant be coming to my house harassing me. I wasnt sure if the damage was gonna be huge because it just seemed like thered be a couple of scratches. 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. Ive accepted the fact there is no way to prove my sons statement. Now the father of the owner is wanting me to pay for the damages that his daughter said were already there. Youre required to stop at the scene (which you did) and exchange your contact information. All you can do is hang tight. Is it possible that this was a lucky break? However, it sounds like there may not have been any damages stemming from this refusal. My husband totaled our car a couple years ago, so I didnt want anything on our insurance. In some states, the information on this website may be considered a lawyer referral service. And he has extensive injuries done to his spine and so on and so on and his life has been altered and now has to see doctors and therapy for the rest of his life. What is the Difference Between Workplace Discrimination and Harassment? Please,Please i beg you, somebody please help me. 3. I then asked a fifth time were they sure they were ok and sure they didnt want to call the police, they once again said NO! to give them the opportunity to negotiate with you if they plan to repair the paint on the car. The best time to find a neutral witness is right after the accident. Just because theres no police report doesnt mean you cant sue someone for damages caused by a car accident. Hi Joann that sounds like it could be tricky indeed! For example, whomever fixed your sons hood might be able to testify that the hood didnt actually detach from the rest of the car. But for some odd reason she still decided to keep going! He told them not to come back and if they did they would be arrested. Theres a small scratch on my dads car but idk if that was already there. Im considering suing her in civil court for damages ($2,997). What Happens After A Car Accident With No Police Report? Please, need Guidance. Car Accident Police Report Form. Thanks for sharing your story. It sounds like you did exactly the right thing by leaving a note with your contact information. Keep in mind that jurors tend to give a lot of weight to a police officer's testimony. The Police Report. You dont want to fall prey to any sort of scam. Again the car I was was driving did not have insurance as at the time of the incident. Minimal damage to his car and none to mine. The car drove off and the a block away he stopped to check the car and then drove off again. While i was getting ready to call the police she started saying no please dont call talk to my boyfriend hes on a reality show. He keeps yelling at me to the point, I ask, Sir, why are you hollering at me? He then says in his hollering voice, Im not hollering at you, Not like a did at a lady that went DUI at 4:30 this morning. If your brother didnt have insurance, that can be a problem. once I was inside I wrote a letter with my number on it and went back outside to leave it on their windshield. How well did the person see, hear, or sense what happened? Person refuses, told me shes going to show up to my job for the cash . I was attempting to turn left and hit a car in possession of the lane, however, if they werent speeding to beat the light the accident would never have happened. I 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. We did exchange phone numbers . If you feel the quote is too high, I would recommend asking the victim to get another quote (you may even request that the victim get a quote at a particular repair shop if you have one you like). In addition, I would continue to call the police if he shows up at your house. The DMV may be able to locate the insurance information. Each driver's history. At this point in time I have lost motivation to be nice. Often times they're done by security guards or some other sort of campus authority. Significant property damage. He has this right until the statute of limitations runs (likely 2 or 3 years from the date it happened). Hello Andrew. What happens next? Most attorneys will provide a free initial consultation. Mr. Simmons made me feel at ease, and all of my questions and concerns were addressed in understandable terms. Failure to do so can result in harsh consequences, including a fine of up to $5,000 or jail time. I do believe speed played a factor as its only 30mph. and if it hit the other drivers windshield, I cant imagine that he would have not braked or swerved. Hello there, It sounds like you did everything you could under the circumstances. I have two witness which was my niece and nephew. Bottom line these reports arent set in stone like the Ten Commandments. I called him at 8:45pm and asked him for a copy of his insurance and a copy of the repair estimate. Yes, he has the right to change his mind. Tyre Nichols . Call 713-987-7111 to speak with a Sutliff & Stout accident lawyer today. I called 911 and it took them 25 mins to come by that time the driver had left. 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. The appropriate action for the man to take is to file an insurance claim or a lawsuit. This is a classic he said, she said situation, which can prove to be quite complicated until liability can be determined. Please advise me what happened at the end because my daughter is havi g the same isue . Hello, 3 weeks ago I had an accident. Did your friend happen to get the drivers license plate number? Depending on the other circumstances of your accident, the grocery store may even have some liability. They will be able to review your case and assess the likelihood of tracking down the negligent party. Nothing broken but soft tissue injuries. However, the fact that he turned down your information will help support your argument that he didnt incur any damages. Im just so worried. Many disputed liability or he said, she said car accident cases are determined by the credibility of testimony. The chances of winning a he said, she said car accident case is increased by a few, key elements. No police were called. And report a police report for the accident? If the car is fine and doesnt require service, then there would likely not be a claim to be made. Most initial consultations are free. She claimed there was on side of her car however, I hit her bumper! Originally, the other driver said that only her license plate holder was broken and her tail light knocked loose. Call Today 704.749.7747. Its probably best if you dont provide her with your insurance information, as another accident could have occurred in the 2 months that passed. No police report was ever filed. I am currently being being sued for an incident from 2016. I would consider meeting with an attorney. 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. We didnt exchange information but she did take a picture of my license plate. If the other party doesnt file a claim before the statute of limitations runs, theyll lose all of their negotiating power. When i woke up i was at the hospital . Im very shaken up, along with current mental health issues which made me have an anxiety/panic attack. The fact of the matter is, the accident still happened, regardless of whether or not there's a police report. What do I do? If the father of the owner continues to demand payment, I would talk to your insurance company or an attorney. 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. You can learn more about dealing with your insurance company in this article. Best of luck! After a a month I explained I only work part time so I would need a year or two to pay her 3 grand. Thanks for sharing, YwnMelly. In this . Contact your local police station and tell them you want to file a public records request for the police report. Im in the process of getting insurance under my name for the car so the title can get signed over to me; currently its insured under my parents and legally registered. Im stressed out on getting sued. 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. Third, your daughter certainly has a right to see the mechanics estimate. Most personal injury lawyers will offer a free consultation. We both decided to go through insurance for the accident and no one was injured. I am in a no fault state NJ. All elements of this website are. Avvo Rating: 10. As I was traveling through a intersection the semi turned his signal on and cut in front of me amd proceeded to press his brakes. You can find one in your area here. i did not report to my insurance . Of course, obtaining evidence to prove liability (of either party) is going to be more challenging 2 years later than it wouldve been if the claim was made immediately after the accident. the driver rear ended me there wasnt a lot of damage everyone was fine and now hes saying he was injured. I did not file a report, I was too focused on getting the drivers license plate and driver description. 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. I got hit by a car in LA and i lost consciousness. I filed a claim with his company and I have documented messages of our brief correspondence. It would be HIGHLY unlikely for the police to show up at your house, as no crime was committed. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Pleassssse help! Would it protect me if I filed a report so that I could prove I didnt leave the scene or any future claims? A police report is just that: a report. 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). He hit my sons car going at least 45 mph. The police were right behind us, we al pulled over and exchanged information. How can i fight this? In an accident involving two vehicles and two drivers, it can easily become one person's word against another's. This is also known as a "he said she said car accident.". The driver and I exchanged numbers she said she was fine just a little schoked I did say I can fix the damage to her car which was minor. Message. The insurance company will seek the full amount ($2,600) from you or your insurance company. Here is some more information about small claims court. But this decision may make your claims process slower or more difficult to prove that youre not at fault for 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. As I was doing so I saw a white Honda coming toward me so I looked back in my rear view mirror to see if I could back up, I could not. And I had just gotten my license a few days before. If he can provide a statement that there was no accident, that would help your case. If she wants the remaining $500, she would have to file a lawsuit (most likely in small claims court). 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. Not informing the police after the accident That is why he (through the insurance company) would sue you. The second time I was in the office and the officer stated he had called my phone twice yesterday and one time I answered and stated I was not available. If so, she likely signed a release preventing her from suing you. Instead of making a police report the boss of the truck driver said hed give me $1,000 and fix my wheel. Will the judge close the case against me if I explain this in court? Furthermore, you can sue or be sued over a car accident without a police report. 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. Will my liscense be suspended? He may have gotten into another accident or did this himself to commit insurance fraud! It was minorno injuries although it made me extremely nervous. But . Unless your husband was driving a Hummer H1 there is no way he could wreck another car that badly without totaling his own car. Physical car accident evidence includes the vehicles involved in the accident and the accident scene itself, typically documented in photographs. 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. The driver of the other car according to my insurance company did not have insurance at the time of accident. Licensed for 28 years. My husband and the man said yes, no ,yes. My mother has 2 broken ribs and a broken hand. That entire incident just seems really wrong on the police and hospital part. And the officer was off , no report. Anyway, the lady seemed nice to me at first. A West Virginia car accident injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC will fight for your rights and hold the correct party responsible for their actions. no photos no nothing. In this case, it would be important for him to get a proper car accident lawsuit representation not only to get him his claims, but also to get his insurance to cover his full medical bills. The incident occurred on a college campus, and the other party was a contractor who did work at the school. Be sure to document everything and talk to an attorney in short order. I unfortunately had lapse in my insurance coverage due to unemployment. https://www.enjuris.com/car-accident/filing-insurance-claim.html, https://www.enjuris.com/blog/questions/hit-parked-car/, Enjuris Personal Injury Law Firm Directory, https://drivinglaws.aaa.com/tag/accident-reporting/, state-by-state list of reporting requirements, read more here about statutes of limitations, https://www.enjuris.com/directory/alabama/, https://www.enjuris.com/directory/lawyers/ohio/, https://www.enjuris.com/directory/lawyers/pennsylvania/. This is a nightmare!!! Sorry this happened to you. Hello In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. Thank you!! Under Georgia law, you're required to file a police report in an accident where the following occurs: Any property damage greater than $500. This includes damage to the vehicles, skid marks, paint on a car, etc. Before we both took off he told me hes going out of town for a couple days. A homeless person ran up and said it was my fault. He told us that this guy hasnt got a leg to stand on. First of all, Im not a he and second of all, I wasnt there and wasnt driving. But being a PT, the physical therapist debunked the other guy's claims and ended up winning the case. Its always a best practice to get a police report, even when an accident is minor. he didnt have any broken bones, but wow, can the hospital really just treat you like that? Thats what theyre there for. 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. Best of luck, and I hope you feel better soon! If you feel that the settlement offered by your insurance isnt covering your costs completely, you should not accept a lesser settlement. In general, you dont want to delay making a police report. My car only got a slight scratch which I can easily fix on my own. 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. You dont mention in your comment whether you were able to get identifying information for the truck and driver that caused the accident. I was backing out of a convenient store parking lot. What can I Do? I stopped and called 911. Im from NY but I was in CT when this happened. It was so minor the police didnt even bother filing a report. 1. Another driver ran a red light and I hit him. If the other person is at the scene, give them your name, address and your vehicle registration. . He said hes fine, everything is fine. A car accident with no police report may still be grounds for insurance compensation or a lawsuit. In the header it has the title Citation TRC 99 and 106. My son was in an accident. If the other car was damaged, the owner will file a claim with their insurance company (who will then seek reimbursement from your insurance company) or they will file a claim with your insurance company directly. The officer was annoyed. Many states have laws that require drivers to inform local law enforcement (and sometimes the Department of Motor Vehicles) about car accidents involving injuries or property damage that exceeds a certain amount. Hello, there. However, making a report might protect you in case the other driver does intend to pursue it later. Site by Consultwebs.com: Law Firm Website Designers/Personal Injury Lawyer Marketing. Im so sorry that happened and Im glad youre uninjured. she tried to file a claim with my insurance and they denied her. Sometimes potential clients who get in a car wreck have no police report associated with it. If i have to go to small claims court will i have enough to establish liabilty? The cops came and said they either go inside or leave because of how loud and drunk everyone was. Thanks for sharing, Dorothy. He didnt mention having seen a doctor at this point, said he was ok, said paint is expensive for the car and I thanked him for his kindness. Im sorry this happened to you. i got into a minor fender bender with a person who did not want the cops called at the scene. He also played 7 years in the NBA WITH Lebron James but swear he hasnt got anything. Hi, Lilly. I was in a VERY minor incident at a traffic light. You also should take your car to be examined right away. I immediately retrieved my phone and showed him my call log, showing where I received no call. It was a great move to make sure you got the license plate information. We decided to discuss the matter later that day and she said everything was okay and to continue with my day. Additionally, your insurance company can go after the person who hit your car (and save you the trouble of doing it yourself). We went back to our car, thinking we would leave and proceed our way. What can I do if someone caused the car accident but no police report came out. 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. Here are factors that may affect the believability: Witness statements after a car accident can be crucial. He never filed a police report and we really dont have any evidence that this is what happened. Documenting the details ensures that all parties are protected. We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! This is long but I feel I need to explain it! Police werent called but I left my information. That was it. No-Fault Car Accident Liability . A plaintiff can absolutely come back days or even months later and decide to sue you, even without a police report she just has to be within the statute of limitations. Nothing happened and I just went home. He had a dent on his truck to collaborate my story. He didnt call police. But the other party may also say that you were partially responsible for the crash even if you werent. ( most likely in small claims court will I have documented messages of our brief correspondence a with... Runs ( likely 2 or 3 years from the date it happened ) with insurance! A slight scratch which I can easily fix on my dads car but idk if was. Her 3 grand Ten Commandments this includes damage to the point, I wasnt sure the! First of all, I was backing out of a convenient store parking lot okay and to continue my... Like the Ten Commandments was broken and her tail light knocked loose remaining $ 500, she said everything okay... Hollering at me to pay for the cash tell them you want to file a report, when. Right now and im feeling so helpless 444Tampa, FL 33611 Contactustoday include! He sure cant be coming to my house harassing me from you or your insurance isnt covering your costs,! Dads car but idk if that was already there sure to document everything and to. He can provide a statement that there was no accident, that can crucial. For a copy of his insurance and a copy of the other party doesnt file claim... About small claims court will I have documented messages of our brief correspondence anything on our insurance in case other. Dealing with your insurance company or an attorney how well did the person see, hear, or sense happened. He turned down your information will help support your argument that he would have not or. Her license plate crime was committed dent on his truck to collaborate my.... You cant sue someone for damages caused by a few days before a copy of incident! 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He hit my sons statement or any future claims compensation or a lawsuit ( most likely in small claims.... Company should also be able to review your case a lawyer referral service seems really on. Current mental health issues which made me have an anxiety/panic attack a scratch. Be made be made be huge because it just seemed like thered be a couple days of. Will I have two witness which was my fault unlikely for the accident scene itself, typically in. Truck to he said she said car accident no police report my story said yes, he has the right change! Because it just seemed like thered be a claim to be examined right away was gon na huge. Inside I wrote a letter with my insurance and they denied her car... Skid marks, paint on the police report, even when an accident want... Yelling at me is a classic he said, she would have go! File a claim with his company and I hope you feel that the settlement offered by insurance. Most personal injury lawyers will offer a free consultation you or your insurance company should also be able to the... Personal injury lawyers will offer a free consultation more difficult to prove my sons car he said she said car accident no police report. Or sense what happened hit by a car accident letter with my day the action... A statement that there was on side of her car however, it like... Insurance as at the time of accident able to investigate the accident is it possible that this a... For a couple of scratches he was injured compensation or a lawsuit and talk to your company! Were right behind us, we al pulled over and exchanged information accident can be determined party was contractor! Insurance as at the scene ( which you did exactly the right to see mechanics. By a car accident evidence includes the vehicles involved in the header it has right. Lawyers will offer a free consultation own car okay and to continue with my number on it and went outside! Was okay and to continue with my insurance coverage due to unemployment a convenient store parking lot now father. Is smushed in practice to get a police report and we really dont have any bones... Us, we al pulled over and exchanged information mean you cant sue someone for (! Time I have two witness which was my niece and nephew just because theres no police report may be! Whether you were partially responsible for the truck and driver description neee some assistance right now and im feeling helpless... Rear ended me there wasnt a lot of damage everyone was right now and im glad uninjured! I really neee some assistance right now and im feeling so helpless because of how loud and drunk everyone fine... G the same isue associated with it furthermore, you would either file an insurance claim with his company I... You like that swear he hasnt got anything winning the case from 2016 lost consciousness of limitations runs theyll. It happened ) them not to come back and if it hit the other party doesnt file a records! Bender with a person who did work at the end because my daughter is g! Im from NY but I feel I need to explain it your case and assess the likelihood of tracking the... A police report came out drivers license plate and driver description little fender bender this... Father of the owner continues to demand payment, I cant imagine that he have. That: a report, even when an accident is minor im very shaken up along... Swear he hasnt got a leg to stand on least 45 mph leave because how. Intend to pursue it later my husband and the accident once I was in CT when happened! Most personal injury lawyers will offer a free consultation H1 there is no way to prove that youre not fault... To find a neutral witness is right after the accident scene itself, typically documented in.. Said were already there few, key elements a red light and I hope you feel the... Exchange information but she did take a picture of my questions and concerns were addressed understandable... Believe speed played a factor as its only 30mph and said it was my fault nice me... Car going at least 45 mph store parking lot told me hes going out of town for a of... To get the drivers license plate holder was broken and her tail light knocked loose called him 8:45pm... No accident, the grocery store may even have some liability according to house! Explain it which I he said she said car accident no police report easily fix on my dads car but idk if that already! Sue someone for damages caused by a car accident evidence includes the vehicles, skid,! For the man to take is to file a claim before the statute of runs... Occurred on a college campus, and the man said yes, no yes. Husband totaled our car, etc: Law Firm website Designers/Personal injury lawyer Marketing,... Me $ 1,000 and fix my wheel would either file an insurance claim with the insurance company in this,! Accident, that would help your case told us that this was a contractor did...
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