Her BF came eventually and my fianc is worried about him bc he kept making comments. Some states require a report for any collision, even if there are no injuries and no damage. Based on the information you provided, its not clear to me why your insurance company will not cover the accident. It should include interviews and images, which may help you determine fault. If an officer is lying or providing false information with an intent to deceive, he or she may be prosecuted under California perjury laws. We had just gotten the car when one of the tires popped and I had to get it fixed. Filed Under: Questions & Answers Tagged With: accident claim, Car Accidents, lawsuits, statute of limitations. Its probably best if you dont provide her with your insurance information, as another accident could have occurred in the 2 months that passed. I was a passenger in a collision and the driver of the vehicle i was in was at fault. I am 20 years old and just trying to pay for the roof over my head. When we talked to the driver of the other car (80 M) we told him that we were in driving in the innermost lane and he said "I know" then proceeded to apologize to us. I informed the owner, unfortunately she didnt care much because damages were minimal and left back inside . 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. 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. He also only provided his ins card with no policy number or name and think May of give us a fake name. The SUV had NO dents or scratches. I DiPiero Simmons McGinley & Bastress, PLLC. Any information would be helpful, and thank you in advance. Site by Consultwebs.com: Law Firm Website Designers/Personal Injury Lawyer Marketing. Staff is n superb, clean , nice , cozy lobby. We pulled over exchanged insurance via cell pics, but didnt call the police. Now my insurance wont cover the damage because theres no information on the person that hit my car. Hour later he calls and says he has an amount in a voice message. I went to the er. The outcome of these types of cases usually turns on: Let's take a closer look at these four factors. Need advice. I was in an accident. Hello Moses. They can provide you with the next steps. I was not physically injured, but I am definitely emotionally rattled by this ordeal. Is it because she was able to sue my insurance claiming she was injured? To recover damages, hell have to prove that he was actually injured and that the injuries were caused by the car accident. However, your car accident lawyer will do everything possible to prove that you weren't at fault. However, all lawsuits need to be taken seriously. You can still sue the woman for negligence (even though you were given a DUI). The scratch was very minor we left our phone number and email as a contact. He did not come in contact with me, however in a blink of an eye I couldve been history. The insurance company reached out amd he did not respond. The longer it takes you to report the incident, the less credible you look. I have no police report because I thought he would fix my car by now. They are serveal cameras out in the parking lot but he said it has to be court subpoena to view them. This is a nightmare!!! In a he said/she said car accident case, the other driver will try to claim that the accident was your fault even when you strongly believe they are responsible for what happened. In response to todays message which contained threats of being sued because they have received no money for the minor damage, he told them to make a claim to insurance or proceed with making a small claim in court if they wanted to be reimbursed for damages, because he would not be giving them cash without any proper documentation- is this a smart way to proceed with this issue? Were available 24/7. Finally, today she said we need to discuss the damages. Get started with a. 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. It sounds like you were likely at fault for the accident. My suggestion is that you find a lawyer who is able to review the documents. A police report is just that: a report. We know that you may be stressed or worried. Your insurance company should also be able to investigate the accident. For example, does the person have a financial interest in the outcome of the case or a personal relationship with any of the people involved? Also, I had 3 passengers that talked to the police and gave their account of what happened that he backed into me. 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 dispute fault for the accident. Its too late to take photographs of the other vehicle, but I would recommend taking photographs of your own vehicle as soon as possible. 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. I would recommend reaching out to an attorney in your area (or even your insurance company). Although she believes the cause of the accident was not her fault, she was charged for the incident and paid all her fines and faced the consequences of her negligence. In the meantime, be sure to collect any relevant documents you can (medical records, pictures of the vehicles, pictures of any injuries, witness contact information, etc.). In these cases, you may not know what to do next. In the meantime, be sure to keep copies of all your medical records and photographs. And report a police report for the accident? But then the lady turned around and claimed that she was! One of the workers there informed me that the at-fault driver would have bought the pieces and brought it to them to have my car fixed, but they had not heard from him. I gave him my bosses insurance and he took off without giving me his. I didnt even know if its an accident or not. Thank you for asking. So I backed into someones car and left a note with my name and phone number. Video cameras (private and public) may show what happened in an accident. Either way, if you get hurt or suffer vehicle damage in a car accident that you believe is another driver's fault, call the local police or sheriff's department and ask that an officer be sent to the scene. However, its unclear whether she has filed a claim with her insurance company at this point. In case its helpful, this article outlines cases when you DONT need a lawyer: When Do You Not Need An Attorney After An Accident? i dont want to file a claim bc of family issues or what can and cant she do? As a result, litigation may not be prudent. Im considering suing her in civil court for damages ($2,997). P.m., apologized for not calling back and explained the reason I did not. If i ignore this person can they sue us ? Physical evidence (sometimes called "real evidence") is evidence that can be seen, held, or observed at the accident scene, as opposed to a witness's description of the accident. When contributing a description of the crash to the police report, articulate your version of the story with honesty and precision. Is this legal? It doesnt sound like you reached any sort of valid legal agreement to pay a certain amount of money. can i be sued? My brother said he would pay the driver for the damage and the next day told my brother the damage was $2500. I gave her my insurance info and phone number. Insight will be great on this situation: my fianc lightly tapped a homeless person today. Just tell them you dont have the current address and need to serve by publication.. I would recommend reaching out to an attorney in your area. The rules for reporting vary from state to state. You shouldnt lie, but you can say that youll make a report to your insurance company and let them handle it. Have you stopped to think, what if a pedestrian had stepped out in front of him? Police reports often include the date and location, the drivers and vehicles involved, information witness statements, and more. The first time I was in the field but the officer was told where I could be found. Officers are usually seen as objective (neutral) and official. Or is this fightable? A situation which sometimes comes up in a car accident is a case of he said/she said. He stayed the fault was hers for an unsafe lane change. Of course, youll have an opportunity to respond to the lawsuit and, ultimately, a court will review the evidence and decide whether or not you were in fact liable for the damages. Then he took off. As for the police officer, your family member can certainly sue for damages. So make sure you clearly and carefully tell the responding officer exactly what happened, perhaps even in writing, so that your version of events is preserved in the police report. If you have any trouble filling out the form or have any questions, you may reach the Denver Police Department's records division at (720) 913-6755. Avvo Rating: 10. Please feel free to use the Enjuris law firm directory to find a lawyer near you. Whats my best course of action, as the individual I hit does have insurance. 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. Do I notify my insurance without making a claim (Nationwide)? Hi, I was involved in a minor collision. Call Today 704.749.7747. I did the right thing and I asked the man if he would like my phone number and insurance Information and he said no he didnt want it. The police didnt take no one statement. Hello. 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. First of all, Im not a he and second of all, I wasnt there and wasnt driving. However, it does sound like a lot of people are being uncooperative (specifically the driver and the insurance companies) and thats when its essential to have the advice of a lawyer. When he came to my house on Saturday there was more damage than there was from the wreck. So the registration was expired and far as insurance goes I have a non owners policy which covers me driving the motorcycle but the police dont want to take my report or give me any information about the other patty since I dont have a current registration with the current owners name and its been in the impound over 30 days so its gone what can I do to get the other parties information I suffered broken ribs and foot. An accident had occurred that shut down the road miles ahead of him. You may be able to find a lawyer who can assist you for free through your local state bar. They can help you locate evidence that the dents were present prior to the crash (photographs of the car before the accident, etc.) Will they still help me or it can be only worse for me and i should continue to pay out of my pocket? I am sorry to hear that you were involved in an accident. A judge and/or jury may be sympathetic to your case, but you should hire an attorney to represent you rather than trying to handle it on your own. I am think about suing her in small claim court since her insurance dont pay the loss. Hi, Jimi. It was minorno injuries although it made me extremely nervous. Read more about Enjuris. 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. It sounds as though theres a lot of good evidence between the several witnesses and camera footage. Thank you. Hi, If you are being blamed for a car accident, your lawyer can inform you of your rights and legal options. In many states, an accident can qualify as a hit and run if the driver leaves the scene without exchanging information. Thanks for sharing, Dorothy. Im sorry this happened to you. Yes Ive insurance but no drive lience thats why I ask u guy a question is that correct a law for ago a month no report the police. The conversation ended when I wouldnt budge; to him saying well be prepared to get sued, you know we have your address! If you need an Ohio lawyer, you can check the Enjuris law firm directory: https://www.enjuris.com/directory/lawyers/ohio/. Now this passenger that is not even in the police report, got his attorney to file a claim to my car insurance. If its true that this lady doesnt have sufficient evidence, the attorney will be able to get the lawsuit dismissed quickly. I tried to be nice and see if he could. However, you must also make a police report. This includes damage to the vehicles, skid marks, paint on a car, etc. Im very shaken up, along with current mental health issues which made me have an anxiety/panic attack. I was involved in an accident. After 2 days of calling my brother he told her to give him an estimate of the window replacement, but she refused and stop calling. Then it becomes he said-she said situation. Police were not involved at all. If there was an officer on the scene, there should be a police report. If i have to go to small claims court will i have enough to establish liabilty? The woman driving the car admitted to police she was speeding ( a little bit). Its probably a good idea for you to contact a lawyer who handles traffic-related offenses. If you do discover an injury or vehicle damage later, you'll be prepared. 4 reviews. 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. 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. They feel the need to be different when you are already different. Property damage exceeding $1,000. The physical evidence from the accident will also play an important role in determining fault. In most rear-end cases, the person who strikes the car in front of them is found at fault. Im sorry that happened. For this reason, I think it would be in your interest to meet with an attorney in your area. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. According to O.C.G.A. If you were injured in a car accident that was not your fault, do not let the other side of the story prevail in court. Crash somebodys car in the parking lot no police report I didnt give him my Insurance or my license like 5 months ago! Hi i had an accident in Chicago . Well now he is telling the insurance company that they have the wrong number and telling me they havent called him. Nothing broken but soft tissue injuries. Would it protect me if I filed a report so that I could prove I didnt leave the scene or any future claims? 1 Either way, you are better off letting the police decide whether they should come to the scene of the crash. Couldnt he just get his vehicle fixed through them? Hes being very vague about what the injury is. Nevertheless, be prepared to speak with an attorney in case she decides to take legal action. He explained he maybe jumbled some numbers, (completely understandable), but that I needed to call the primary officer when he when on duty at 6 pm. She claimed there was on side of her car however, I hit her bumper! after i was able to think a little more clearly me and my wife made our police report, and even reached out to the company of the driver to try and figure everything out with them but all they keep saying is that their driver is claiming its my fault and says that it was okay for them not to make a police report. Hello while I was I was at a stop sign I bump into a guy we stopped I said sorry . Instead of making a police report the boss of the truck driver said hed give me $1,000 and fix my wheel. She will defend herself in court under the grounds that she knows she owes money for the accident, but not as much as what she is being sued for. I would consider meeting with an attorney to discuss your option. Every now and then traffic would move a couple of inches. It was a freeway exit so he took her to the nearest gas station to see if she was okay. If you explain what happened to your insurance company, your insurance company will likely decide to fight the claim. 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. you can certainly offer to pay out-of-pocket and that will likely resolve the matter. What do I need to do? I accidentally hit the car from behind but because he breaked fast last minute & so I have his information & I have his & no damage was done to his car only his tire but he fixed it & no cops showed up its been 24 hours & nothing was filed & but my insurance calls me saying someone filed a claim & so now theres a claim if the person at fault calls me & I dont answer after he has my information my license plates and I dont go through with my insurance claim can he still sue me ? You can tell yourself that all you want, but unfortunately, that doesnt make it true. They are giving us their insurance company.. will the fact I didnt make a police report hurt my case and can my attorney find the insurance through the Sr1? Its definitely scary to have such a close call. While parking, the trucks hitch bumped into the front of another parked car (belonging to another family member) and formed a minor dent in the bumper. Neither of them are returning calls or emails from their insurance company. Not sure what to do at this point. Filing a police report after a car accident is an important step. If you choose the latter option, be sure to let your insurance company know about the texts and pictures. What is my best course of action? However, making a report might protect you in case the other driver does intend to pursue it later. Try to get shots of both cars and the accident scene from as many angles as possible before you leave the scene. I was in a car accident about a month ago i was switching lanes and this lady came up behind me and hit me on the side we switched info i was positive i had insurances and when i was filing my claim my i found out they canceled me. On a related note, its important to take photographs of both vehicles after an accident so that the other driver cant claim you caused damages that you didnt actually cause. 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 next step is to get a medical examination as soon as possible. I have his information , and picture of the accident but no police report. How bad will this affect my driving record? 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. I am willing to pay for the scratches as they realistically were my fault (I did NOT admit fault). Nevertheless, you can hire an attorney to investigate fault. Is there a statue of limits in Florida and if so what is it? Most attorneys will provide a free initial consultation. Hi, Andy. We also took pics but unfortunately, the tag was blurry. If you are unsuccessful, you might want to consider hiring an attorney who can negotiate with the insurance company or file a lawsuit against the at-fault driver. You are involved in a car accident. Hi, Shon. acident more then a mounth I was stop on red light after green light come I look every where no body turn very slow. What should we do? But this decision may make your claims process slower or more difficult to prove that youre not at fault for the accident. Is it possible that perhaps it was a different agency than the one youre contacting? I gave him a copy of mine and left. 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. If the woman continues to be an issue, you might consider filing an insurance claim with your own insurance company. If you find out the address isnt valid, you can still sue. Sadly, we hear stories like this all the time. Second, you could seek advice of a personal injury lawyer. Im sure your attorney is working on reducing the demand amount and seeing if you have insurance coverage. The scene of a fatal car crash after a police chase in Houston, Jan. 12, 2022. That means the lawyer will earn a percentage of whatever damages you receive. If the guy said he was uninjured and did not want to provide the police with any info, oh well. . I hit her and she went down on the pavement, got up and fell into some bushes. There was no police report and I did give the other driver my information as it was a minor merging incident. Im very pleased to have been represented by Lonnie Simmons in a very confrontational lawsuit. You might still be able to reach a settlement with the insurance company, and your lawyer can help negotiate that for you. There was no police called he was not injured and now hes claiming to be hurt also what should I do please help I am a single mother with six kids working at a fast food. They want to pay the minimum amount possible, whether its to you or to another party. This is important because Uncle George suffered severe kneecap injury that caused him to lose his as an instructor at the local dance studio. It also doesnt sound like the bicyclist was hurt or will contact the authorities. But for some odd reason she still decided to keep going! 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