If the police don’t report an accident, it’s like it didn’t happen – right?
You can tell yourself that all you want, but unfortunately, that doesn’t make it true.
Just because the police don’t show up to the site of a minor car crash doesn’t mean you won’t get sued by the other driver.
A police report is just that: a report. It’s 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.
While this carries heavy weight, it’s not the Word of God written on holy parchment. It’s a hearsay account that is generally not admissible in court because the officer didn’t observe it for himself. It preserves the accident scene in a bubble for drivers who weren’t thinking clearly after the accident or whose injuries were not immediately apparent.
Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format
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.
Bottom line – these reports aren’t set in stone like the Ten Commandments.
Additionally, insurance claims can go forth without police reports under most circumstances. If the offending driver hasn’t fled the scene, a report sometimes isn’t necessary (if a driver has been injured, however, a report is required). It certainly helps, and it expedites the claim. However, it doesn’t bar the claim from going forward.
What this means is that a police report isn’t a requirement for someone to sue you.
It’s a very helpful piece of evidence that provides a lot of useful testimony. Court cases ride on credibility, and police reports provide a window into whether the plaintiff and defendant are credible witnesses. They also offer information as to neutral bystanders who saw the accident happen. This is all valuable information that can help a court decide what actually happened.
But it’s not imperative! 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. And just because a police officer didn’t come to the scene doesn’t mean that the plaintiff didn’t file her own incident report after the fact.
Then it becomes a game of “he said, she said.” The case comes down to credibility of witnesses, documentation of damage and testimony. In the end, it will be up to a jury to decide who is the most believable.
Tell us – were you in an accident that didn’t have a police report? Let us know!
Joann Gonzales says
I am currently being being sued for an incident from 2016. Apparently this is within the allowed time frame for Texas. There was no police report and I did give the other driver my information as it was a minor merging incident. I am trying to fight this alone as I am being told that the cost to get a lawyer would be more than what I am being sued for. I really appreciate the advise provided here as I thought I was in the clear with no police report. I am trying to write the defendant answer myself but it is tricky. Wish me luck as my next step is to contact the company and try to negotiate.
Lisa Banks says
Hi Joann – that sounds like it could be tricky indeed! But yes, you have to weigh the potential gains and losses. In case it’s helpful, this article outlines cases when you DON’T need a lawyer: When Do You Not Need An Attorney After An Accident?
Cris says
I got in an car accident. Our family policy doesn’t cover me as a driver. Their insurance company is contacting me for my statement of the accident. I will very soon. What can I expect? Any advice?
Jeanette Hess says
I was in a minor accident Here is my problem. The day of the accident I had paid to to restart insurance that had lapsed on line. Upon paying the fees the website (Geico) said I was reinstated. Good to go.
An hour later I was in a minor accident. I exchanged information like I was suppose to. Two days later I am being notified that I had no coverage by Geico. Even though they originally said with my payment that I was good to go I am now left with this problem. Do I have any recourse?
Erin Thornton says
Hello,
I was sitting at a red light and a guy rear ended me. I did not call the police or get pictures. Tje driver offered to pay oit of pocket, but I got his phone number and insurance info. The day after I got an estimate amd sent it to him, but he did no respond. I contacted his insurance and they are giving him 15 days to respond. Shortly after the call he contacted me via text amd said he would like to go through his insurance to pay because the bill is higher than he expected. The insurance company reached out amd he did not respond. I texted him again amd he said he would call them vack. If i have to go to small claims court will i have enough to establish liabilty? I filed a claim with his company and I have documented messages of our brief correspondence.
San says
I met with an accident. my car was totaled. The other car had the passenger side damaged. The driver of the other car according to my insurance company did not have insurance at the time of accident. However my insurance company paid for the car damage, but they are reneging to pay the full personal damage. They are willing to pay the actual personal damages (like medical expenses) but not general damages (like pain and suffering) because the driver did not have any insurance, which according to the law in California they are not obligated to pay since the driver was uninsured. 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. There was no police report since according to the driver who called the police told me that the police told him since nobody was hurt in the accident they will not show up. The other driver seemed to be OK and he told me so. However he hired a lawyer to represent him and my insurance company says that they will defend me. What other choices do I have. 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 driver’s lawyer.
Jeanette Martinez says
I have a quick question a family member was in a car accident this Saturday morning he hit his chin but did not ask for an ambulance said he was in a little bit of pain but was okay 9n Thursday he went to the dr,and said he was going to sue the driver theirs no evidence of a police report but made the report f9r the insurance but my family member never was mention like if he never was in the car can he still sue the driver??
Destiny Blake says
I was in a accident in 2016 myself i was at a red light and i was hit from behind i was startled ,Scared ,Nervous i never been hit from behind before we pulled over and we exchanged information the guy was going at least 15 miles an hour enough to rock the whole car, my neck,and just my whole body.We pulled over to a gas station and exchanged information the cops weren’t called because my aunt told me not to call since it was her van and it was a lot of damage.Well the next day i was stiff as a board and my lower back was in so much pain.Its been 2 years i have so much pain i tried everything .My concern is since i didn’t call the cops will my case not be As much as it would of been if i did.I will have this pain for the rest of my life said my Doctora and pain management
Liz Bennett says
I let someone use my car and she claims someone hit her and she called the police. She said the driver that hit her was impaired and uninsured but when I called to get the report with the number she gave me the number was false and there’s no record of my car being in an accident. Now my insurance won’t cover the damage because there’s no information on the person that hit my car. I’m pretty sure the person that borrowed my car wrecked it and made up this story and gave me a fake police report number. What are my options
Jeffrey Bleakmore says
My 10 year old daughter was hit while a man mad a right hand turn into a neighborhood . She was already starting to cross the street when this happened .. now we didn’t 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 .. I’m making app with her doctor tomorrow will this hinder seeking any kind of settlement from the man’s insurance . I got the guys name number insurance policy number plus the non family non friend witness name and number who saw it
Carrie Warren says
Hi Jeffrey,
How awful!! Don’t worry, the lack of a police report doesn’t hinder you from seeking damages. The fact that you secured insurance information from the driver gives you a great start. Be sure to document everything and talk to an attorney in short order. Here’s a resource list for you to start with: https://www.enjuris.com/pdf/ (Be sure to fill out the post-accident report form while everything is fresh in your mind.)
Lastly, here’s our Personal Injury Attorney directory so you can find someone nearby: https://www.enjuris.com/directory/
Best of luck to you and your daughter.
Carrie
Maria says
Crash somebody’s car in the parking lot no police report I didn’t give him my Insurance or my license like 5 months ago! And he sue me?
All he has is my name and my phone number?
Nancy Rapp says
Hello Maria. Unfortunately, yes, you can be sued for any hit and run accident. I encourage you to find a defense attorney to help you with your case.
Andrew Papas says
ANDREW PAPAS
OCTOBER 20 12:;54 AM
I was involved in an accident. i rear ended with my Toyota Corolla an SUV at a stop sign on a rainy day..
The police came and asked if anybody got heart and we both said we were fine. The police left with no report.
That was back in Sept 2017 more than a year ago. On Oct 14 I received a documentation from the other driver thru a lawyer suing me for large amount of money because of injuries.and I think we are going for trial for this minor incident. what do you think my chance of winning the case without police report. It was only one scratch on the rear bumper of his car. He got out of the car we exchanged info and,shake hands. Everything looked normal.
Nancy Rapp says
Hello Andrew. The lawsuit will depend on what evidence remains from the accident. Photos of damage, insurance reports, etc. I encourage you to consult a personal injury attorney near you to help you better understand the case.
Felicia Jones says
Hello I was in a car accident a week ago and my insurance just now contacting me about a claim that was filed. It was raining very hard. And there where alot of traffic at 8 something in the morning. 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 he’s trying to sue saying I damage his dashboard because he spilled tea on it. There was no police called he was not injured and now he’s claiming to be hurt also what should I do please help I am a single mother with six kids working at a fast food
Traci says
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. I wanted to report it but she said that she was not worried about it and that she didn’t want to report it. It has now been almost 2 months and now she wants my insurance card for the auto body shop. Is this legal? Why would she need my insurance card for an auto body shop? Is there a statue of limits in Florida and if so what is it?
Nancy Rapp says
Hello Traci. That is certainly a unique story. It’s probably best if you don’t provide her with your insurance information, as another accident could have occurred in the 2 months that passed. Nevertheless, be prepared to speak with an attorney in case she decides to take legal action.
Nancy Rapp says
Hello Felicia. I’m sorry to hear about your accident. Typically, a person is at fault for rear-ending another vehicle. We encourage you to speak with a personal injury attorney as soon as possible to minimize your liability as much as possible.
Laura Goddard says
My husband was in a small fender bender about a year ago. Busy highway and everyone was coming to a stop well the man in front of my husband decided to slam on the breaks way earlier than needed and my husband slammed on the breaks and to avoid hitting him ran the left side of his bumper into the concreat median and the right side hit the cars bumper. Now no damage was really done to his vehicle just a small indenture since he was driving an old Chevy Tahoe with a heavy duty steel bumper. Now the car in front of him the bumper had a dent and came off. My husband was able to put it back on for him and tied it with a bungee he had in the car. Basically the clips broke on his bumper to keep it up. The officer came and was like everyone good? Any injuries? Cars okay? My husband and the man said yes, no ,yes. And the officer was off , no report. My husband and the man exchange info and are done. We contact and let our insurance know about the minor fender bender and we think okay they will give the man money to fix his bumper properly. Well half a year goes by and we get served papers saying the man is suing us and his car was totaled!!!!! 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. And claims that my husband did not even try to slam on his breaks to stop his vehicle from hitting his car. We were in shock! I was like did that really happen to his car? 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’s lying. Well we were like okay the insurance company will see the car damage and it is clearly not totaled and as of his doctors reports well we will have to see if those were already an issue in his life or he’s lying? Well the insurance company finially met with my husband yesterday and they let us know that they already gave this man the money for a new car 50,000! And they showed my husband the pics of the mans ” totaled” car and was like is this the car you hit and my husband said yes but that car is totaled that’s not what my car did to it! We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! ……… 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. He may have gotten into another accident or did this himself to commit insurance fraud! 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. We are just so dumbfounded. I’m thinking we need to get our own lawyer but have no money to do that. Sorry this is so long I’m just really fired up about this whole thing ! He can’t get away with this this man is seeking like 300,000 in injury money and we will go bankrupt and our checks will be garnished because we don’t have the money to pay. We cannot let this happen. This man should not have ever even gotten money for his car damages they should have just fixed his bumper and that is it . Thank you for your time.
Lance Buchanan says
Thank you for sharing your story, Laura. Sadly, we hear stories like this all the time. It’s certainly understandable why you’re so angered by the situation. Unfortunately, in such situations it’s highly important to talk to a personal injury lawyer. Since the other man likely has an attorney representing him, you shouldn’t try to handle this case alone. The good news is many lawyers offer free consultations, so getting expert legal advice about your rights shouldn’t cost you a dime. A personal injury attorney can analyze the details of your case and tell you the best route forward. Don’t ignore this thinking it will eventually go away. It won’t! Be proactive. If you and your husband do decide to consult an attorney, feel free to find one using our free directory: https://www.enjuris.com/directory/. We wish you the best!
Becca says
Insight will be great on this situation: my fiancé lightly tapped a homeless person today. It was a freeway exit so he took her to the nearest gas station to see if she was okay. She said she was okay and that his car barely tapped her. She didn’t want to call the police and file a report. My finance kept on insisting and she said she was fine. Her BF came eventually and my fiancé is worried about him bc he kept making comments. Is it okay if there’s no police report if she didn’t want one/ no injuries? Is there a possibility for something to happen in the future? He’s worried sick about it…
Lance Buchanan says
Thanks for sharing, Becca. In most cases, nothing will come of it, especially if there were no reported injuries. If the couple does choose to file a claim, the law would likely be on your side since a police report wasn’t filed and the woman insisted she was fine. Try not to worry about it – and if in the unlikely event they do file a claim, just consult a personal injury attorney. They’ll be able to tell you about your rights and defend a false claim.
Ijeoma says
Please I need insights as to what will become my fate, I am an international student with no driving license, I was preparing to take my learner’s permit test but i decided to practice with my friend’s car in a parking lot a day before my test. Unfortunately, I was involved in an accident. I hit one of the cars in the parking lot by the side and scratched the fender and the door. After the crash I and my friend waited for the owner of the car for an hour but he/she did not show up and sincerely we were scared and confused as to what to do we decided to leave the scene.
Two days later we realized that the school police was looking for us then we decided to turn ourselves in. I was charged to court for the following offences
1. Not informing the police after the accident
2. Driving without a licence
Also, I am required to pay $2600 for the car damage. Again the car I was was driving did not have insurance as at the time of the incident. The owner of the car I was driving was not charged for any offense.
I am going to go to Jail for this? How bad will this affect my driving record?
Lance Buchanan says
Thanks for sharing your story. Leaving the scene of an accident is a serious crime in the United States, so you’ll likely have to hire a criminal defense attorney to address those charges you face. Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. And unfortunately, since the car was not insured at the time of the accident, you will likely be liable for the damages. You may be able to work out some sort of payment plan with the judge. 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.
Dorothy Johnson says
I was in a three car auto accident.where a truck out of nowhere hit the car my husband and I were in that hit us into a third vehicle.traffic agents arrived at the scene because my husband and the person in vehicle number three called police maybe the driver of the truck as well I was seen by emt on the scene and returned to an emergency room that following evening days later we received the police report and everyone name appeard accept mine the passenger of my husband’s vehicle I want to sue the diver say’s he tried to avoid a car that was going to hit him do I have a case.
YwnMelly says
I bumped another car from the back and a slight scratch was on it. He didn’t call police. I gave him my information and came to a agreement on me paying him monthly. I paid him for 2 months straight then I stopped. I lost my job and he’s aware of that but he threatens to call the police. Can I go to jail or be sued?
Lance Buchanan says
Thanks for sharing, Dorothy. You may have a case. The only way you can know for sure is by talking to a personal injury attorney that specializes in car accident cases in your area (https://www.enjuris.com/directory/). Fortunately, the first consultation is often free in these cases, so you won’t have to worry about cost. Whether or not you can obtain compensation will depend on many individual factors such as state law and your specific case details. Don’t be afraid to ask an attorney! That’s what they’re there for.
Lance Buchanan says
Thanks for sharing, YwnMelly. While it’s unlikely you’d be arrested for this, he may decide to try to file a lawsuit. If that occurs, consider hiring an attorney of your own. The fact that you both agreed not to call police should work in your favor if he tries to sue you.
Josh C says
My 2 daughter (1 driving 1 sitting passenger) slightly hit a car in front of her due to slick roads at a stop sign. 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. Now the father of the owner is wanting me to pay for the damages that his daughter said were already there. I would figure since she told both my kids that the damages were already there I shouldn’t have to pay for them. I’m I right or wrong?
Ian Pisarcik says
Josh,
You are only responsible for the damages that you cause. If the damages (the dents in this case) were caused by someone else, you are not responsible for paying for them. Even if the dents were made worse by your accident, you would only be responsible for the amount that reflects the increased damages (not the amount associated with the original dents).
The challenge is that it might be difficult to prove that the dents were present before the accident. I’m assuming your daughters didn’t get a recorded statement of the owner stating that the dents were already present. If the father of the owner continues to demand payment, I would talk to your insurance company or an attorney. They can help you locate evidence that the dents were present prior to the crash (photographs of the car before the accident, etc.) or depose the owner and get them to admit under oath that the dents were present before the accident.
Esmeralda says
I was backed into while i was parked on the street in front of my boyfriends house. His neighbor told us he had no insurance at the time so we decided not to call the police since we were 2 days away from christmas. He said he would provide insurance but he never did. He keeps going back and forth on giving me his insurance or paying me cash. I decided to make a police report but I’m not to sure whats next.
Ian Pisarcik says
Esmeralda,
I would contact your own insurance company and make them aware of what happened. You might have insurance through your own company. Additionally, your insurance company can go after the person who hit your car (and save you the trouble of doing it yourself). In general, you don’t want to delay making a police report. The longer it takes you to report the incident, the less credible you look.
Kirstyn Richards says
I was in a VERY minor incident at a traffic light. The driver in front of me rolled forward so I let off the brake and rolled a bit too, but the ther driver slammed on her brakes and I was unable to stop in time. The only “damage” done was my license plate cover was cracked and there is a black line from that cover that could just be scuffed off of her car. I gave her my information, but she did not give me hers.
Should I be worried? Or is this fightable?
tori nelson says
I was in an accident after a driver merged with no blinker last minute in a construction zone. She slammed the brakes because she was speeding ame merged and cut into my stopping zone. I clipped her and ended up with more damage than her. We pulled off the interstate to safely exchange info. She left before the trooper arrived. He stayed the fault was hers for an unsafe lane change. She also gave him the runaround about her license. Turns out hers was expired. I didn’t believe I was injured at the time but over the next couple of days my back and neck were so tough and painful i couldn’t turn or twist. I went to the er. Nothing broken but soft tissue injuries. What can I do?
Ian Pisarcik says
Tori,
I’m sorry this happened to you. It’s actually pretty common for symptoms of injuries to show up days (and even weeks) after an accident. Make sure you’re keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. Your attorney will be able to help you file a claim (and a lawsuit if necessary).
Ian Pisarcik says
Kirstyn,
If you’re in a no-fault state then the other driver will file a claim with her own insurance company and you may never hear from her. If you’re in a fault state, it’s possible the other driver will attempt to get your insurance company to pay for her damages. At that point, your insurer may accept liability or fight liability. Given that the damages appear to be very minor in this case (and that liability likely lies with you), your insurance company will probably just accept liability and pay the damages. It’s hard to know exactly what will happen without all of the details. 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.
Mara says
Hi, I was involved in a minor collision. I was backing out of a parking space as a car drove into me. Minimal damage to his car and none to mine. We exchanged information and later that day I found out my insurance lapsed. Can I offer to pay out of pocket to his insurance company since I didn’t get his phone number when they contact me? Will my liscense be suspended? (There was no police report) it was just a short lapse under a week in California.
Thanks for your help!
abby brown says
this lady claims I hit her in a parking lot so she runs me down till I stop and get out. after I get out she starts yelling and attacking me verbally. Is all in my face and tells me she going to call the cops. after the cop comes he asked us both if were ok and tells us he isn’t going to file a accident report because they’re no damage to our cars. even after the cop left I asked her again if they were both ok and she said yes. she tried to file a claim with my insurance and they denied her. & now its been a couple of months and suing me for a lot a lot of money her and the passenger saying they both have medical injuries. this is fraud and I know that they are lying, but I’ve never been to court or ever been in a situation like this before. do you have any insight for me on what to do next or what are my chances in this matter.
Stephanie Eason says
This is long but I feel I need to explain it! Please read! Hi, I was recently in a minor brush with another vehicle (I say brush because it was seriously ,that) in which I was at fault in a neighboring city where I work in a government position, but don’t reside in. There was no damage to either vehicles and to be honest neither of us were driving “straight off the assembly line” models. After pulling over I immediately said I was sorry and offered not once but four times to call the police. The other driver declined and said their vehicle was fine. I then asked a fifth time “were they sure they were ok and sure they didn’t want to call the police”, they once again said NO! We didn’t exchange information but she did take a picture of my license plate. 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. I immediately call the officer and immediately debunk the hit and run theory. However, the officer is pretty much insistent that since I am at fault, I need to pay out of pocket because my insurance will go up. I commit to nothing and tell the officer I will get back with him. After consulting the council of my husband and others I do not call the officer back. The reason being, I offered at least five times to call the police and was repeatedly told “No”, it was not necessary there was no damage. How do I know what damage this person inflicted on their vehicle after the fact? Fast forward four weeks, The officer in question had another officer that works day shift to go to my place of employment twice yesterday. The first time I was in the field but the officer was told where I could be found. He didn’t even try. 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. I immediately questioned “you called my phone?”, “what number did you call?” He stated my correct number. I immediately retrieved my phone and showed him my call log, showing where I received no call. 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. Which is the only shift this officer works! 1. Dude had my number because I gave it to him when I called him the first time, after 6. Pm. 2. Why didn’t he call me himself when he went on duty instead of sending someone to my work? So, I called Primary officer back after 6. P.m., apologized for not calling back and explained the reason I did not. He went off on me, saying that I have “put him in a pickle” because he has to write up a report. I repeatedly apologize for that. He keeps yelling at me to the point, I ask, “Sir, why are you hollering at me?” He then says in his hollering voice, “I’m not hollering at you, Not like a did at a lady that went DUI at 4:30 this morning”. I really think he was speaking on speaker phone and recording me, which is fine. The conversation ended when I wouldn’t budge; to him saying “we’ll be prepared to get sued, you know we have your address”! My questions are , how did I “put him in a pickle?”, and I am willing to go the distance with this, but what are my odds?
Ellie says
I just want to start by saying my accodent occurred in the state of california (same as my residency) a couple of months ago I had parked my car in a parkinglot and as I was getting ready to exit my vehicle, I opened my car door and was immediately hit in the door by a driver attempting to park next to me. We exchanged information and I later called my insurance and reported the claim. Apparently he also called my insurance and reported it and said he felt I was at fault and swung my car door into his car. Long story short, he was attempting to use my insurance and my insurance deemed him at fault based on photos that they took. I then verified that he was insured and called his insurance and made a statement, attempting to go through his insurance for property damage but they deemed me at fault. and so I had my car fixed by my insurance. 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? Couldn’t he just get his vehicle fixed through them? can he really sue me over this instead of going through his insurance?
Viskeshia says
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. 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?
Ian Pisarcik says
Viskeshia,
It doesn’t sound like his insurer should have denied the claim based on what you told me. It’s probably time to involve an attorney. Most attorneys will provide an initial consultation for free. I would locate a personal injury lawyer in your area who is willing to provide a free initial consultation. They can provide you with the next steps.
Ian Pisarcik says
Abby,
This lady will have to prove that (a) you actually hit her car, and (b) she was injured as a result. It doesn’t sound to me like she has any evidence that you hit her. It also sounds like she probably wasn’t able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. In summary, it doesn’t sound like she has much of a case. However, all lawsuits need to be taken seriously. I would consider meeting with an attorney. If it’s true that this lady doesn’t have sufficient evidence, the attorney will be able to get the lawsuit dismissed quickly. If you prefer to represent yourself, I would attempt to contact the police officer who spoke to you both. If he can provide a statement that there was no accident, that would help your case.
Aniya Davenport says
I got in a minor accident in a Walgreens parking lot a person backed into me while I was parking. It being my first accident ever i didn’t know the steps all i have is a number and maybe Surveillance From a camera in the parking lot … what should I do help
Ian Pisarcik says
Aniya,
You’ll want to contact your car insurance provider (even though the accident wasn’t your fault) and possibly an attorney. 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
Breona Camel says
my daughter was in a bump , yes bump she was stopped and her water bottle fell on the floor she reached for it and the car moved forward and bumped the car in front of her there was no damage not even a scratch nothing and we have pictures to prove it the lady jumped out looking like omg im on lunch , well there was a cop there also nobody was ticketed no report … one month later letter in the mail she wants 500.00 for what i sent the pictures and everything to insurance company never heard anything 5 months later i get a letter from NSB bonded collection service they paid her 7,145.98 for medical bills … are you kidding me for a bump she was stopped so the car could not have enough speed to do anything … there sending notices like we will take your licence its Michigan law if you dont pay … is this true and is this a hard or easy fight ?
AAE says
Hello, I had an accident 2 days ago, in a roundabout, i was on the first lane and trying to go left to enter the motorway and another car comed on the second lane going straight and hit me. The collision resulted in very minor damage of my car but in a larger damage of his car right front door. The problem is that we decided to not inform insurance and i put all the blame on me, he got a repair quote and i paid half of the money to him the second day, arranging for the other half to be paid next month. 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. I don’t know what to do as i already verbally accepted the liability and i paid half of the repair cost, is it to late to inform insurance about? Will they still help me or it can be only worse for me and i should continue to pay out of my pocket? I’m not even sure who is at fault, but i feel frustrated to pay cause i’m not sure anymore if it was my fault? If there is any way i could send you the video… Thanks!
Ian Pisarcik says
AAE,
It’s not too late to inform the insurance company if you think the other driver may have been at fault. Your payment would be seen as an attempt to settle rather than an admission of liability. I would consider meeting with an attorney to discuss your option. Most attorneys will provide a free initial consultation. When meeting with the attorney, be sure to bring along the dash-cam footage.
Ian Pisarcik says
Ellie,
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. That is why he (through the insurance company) would sue you. In this case, your insurance provider would represent you (defend you) in the lawsuit. I would contact your insurance provider and explain that he is threatening to sue you.
Ian Pisarcik says
Mara,
you can certainly offer to pay out-of-pocket and that will likely resolve the matter. Be sure to get a release from the other insurance company.
Derrick P. says
My wife lightly scratched someone’s door in a parking lot. It’s just a scuff mark. He took pictures and got her phone number that’s all. we were trying to work with him to get it fixed, but he seems to only be interested in cash, I didnt want to give him cash at the time, he went quiet for about a month then he texted her saying she doesnt answer his phone calls. I messaged him willing to give him the 600 dollars that he wants for his “estimate”, but now hes not responding to either of us. I just want to put this dude in the past. Do I have anything to worry about legally?
Jen says
I was in a fender bender outside a bait and tackle shop’s parking lot in Florida. I was pulling out and my front bumper by the drivers side scraped a mans pick up truck. Police weren’t called but I left my information.
Will the police show up at my home? The insurance company was contacted immediately after the fender bender.
Dawa says
Hi here 2 son of father . Lost work get
acident more then a mounth I was stop on red light after green light come I look every where no body turn very slow. 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 .
Ian Pisarcik says
Dawa,
It sounds like you may have been involved in a hot and run. I would recommend contacting an attorney before your hearing in April so that you can get proper representation.
Ian Pisarcik says
Jen,
It would be HIGHLY unlikely for the police to show up at your house, as no crime was committed. Most likely, the insurance company (or the driver) will simply contact you via telephone.
Justin Davis says
I was on Vacation and left my car with my mother to have while watching my dog in case of an emergency. While I was gone she rear ended a few guys in a big SUV. No damage to their vehicle that they could see. When she hit hem it was dark and they said not to call the police because they had been smoking weed and said it was my mothers fault anyways so they told her to just get it home cause it was smoking. This was on a Saturday night. I got home Sunday and seen my vehicle it was bad. My mother has 2 broken ribs and a broken hand. I have insurance on the car but for her. Now I get a message from some guy on Facebook messanger saying my mom hiy him and he made a police report after the fact. What do I need to do?
Ian Pisarcik says
Justin,
You need to contact both your insurance company and an attorney. Be sure to explain the situation (that the other driver was smoking weed) to both. You can find a lawyer using our free directory.
Ian Pisarcik says
Breona,
I would recommend talking with an attorney and bringing a copy of the notice you were sent. It doesn’t sound like a judgment was ever entered against you, in which case the company would have no right to collect money from you.
Ian Pisarcik says
Derrick,
If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. He has this right until the statute of limitations runs (likely 2 or 3 years from the date it happened). I would recommend talking to your insurance company so that they can contact his insurance company and resolve the matter.
Angel Bogart says
Thank you for explaining that most insurance claims forgo with the police reports, especially if the driver at fault hasn’t fled the scene of the crime and the victim hasn’t been injured. This is important because Uncle George suffered severe kneecap injury that caused him to lose his as an instructor at the local dance studio. 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.
Donna says
Hi, I scraped a car in the parking lot with my car 5 days ago. I left my contact and the guy text me and told me that the damages are minor and not to worry about it. 5 days later he text me and said that never mind the damage was more than he thought and asked for my insurance information. Does he have the right to change his mind. What if my damages were minor and someone else scratched his car in a similar manner days later and he wants to blame me ?
Monique Fritch says
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. Not her insurance company is trying to come after me and saying im at fault. She was under the influence as well. I have two witness which was my niece and nephew. You have any advice that can help me.
Veronica Romero says
I was in a car accident on April 22,2019. I barely hit this lady’s car. She said I messed up her door. By nothing happened to my car other then the license plate was knocked up. So my question is how can a door get damaged as bad as she claims if.if just my license plate came off. She told me at 1st just her door was damaged. Now shes claiming other damages .what can I do bc I had no license or insurance. She keeps asking for me to pay her. No one filed a police report but I will do that today so what do u think will happen
.
Cory says
I didn’t even know if it’s an accident or not. I was trying to make a right turn on the green light and turned slowly, then heard a loud sound and saw a cyclist at the place between the front of car and the passenger door (position around 1/3 of car). Didn’t know if he stop before hitter or were hitter, the cyclist just rode away and I stopped at the parking lot next to where it happened for few minutes to see if he would be back. Nothing happened and I just went home. An hour later I was afraid that I will be sued or something then just called police to discuss about it and they said no one reported accident at the time. Will I still be in trouble?
Police I spoke with told me that as I called them about this, it would not be hit and run.
Ian Pisarcik says
Donna,
Yes, he has the right to change his mind. The statute of limitations determines how long he can wait to file a lawsuit (usually 2 or 3 years depending on the state). Sometimes, the injured party doesn’t realize the extent of the injury right away (they may realize later after examining the vehicle closer or taking it to a mechanic). You’re right that he might try to blame you for subsequent damages. This is why it’s always best to take pictures of the damage and have a police report made if possible. Regardless, your insurance company will investigate his claim and he can get in a lot of trouble if the company determines that he’s lying about the source of the damage.
Ian Pisarcik says
Veronica,
I would recommend speaking with an attorney in your area. The attorney can help you navigate the issues surrounding your lack of insurance and lack of license. In most states, there are serious penalties for driving without a license and without insurance. Because of this, the attorney might recommend simply paying for the damages. Regardless, you’ll want to discuss your situation with an attorney in your area. In addition, be sure to take photographs of the damage to your car in case you need these photographs as proof of a “minor” accident down the road.
Ian Pisarcik says
Monique,
I would recommend talking to an attorney in your area. It’s possible that the other driver is at fault (or at least partially at fault). Be sure to give the attorney you speak with any evidence you have of the other driver being under the influence (including the contact information for the witnesses).
Ian Pisarcik says
Cory,
It sounds like you did everything you could under the circumstances. It also doesn’t sound like the bicyclist was hurt or will contact the authorities. There’s 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.
Keeker says
Hello,
I barely tapped a car in front of me thinking she merged onto the road already as I was looking back for an all clear for me to merge. Well, she didn’t move and I tapped her car. She got out ranting at me, looked at the back of her car, no damage, said it’s fine. After a very quick conversation, we both got back into our cars, I drove off and noticed she pulled it over. We did not exchange info or file a police report. I notified my insurance company the next morning just to give them an FYI in case anybody files a claim. I am in a no fault state NJ. Would it protect me if I filed a report so that I could prove I didn’t leave the scene or any future claims? She may have gotten my license plate number. Thank you!
Katherine Collins says
I was recently in an accident where i did not contact the police I contacted his insurance company and they’re saying that since it’s a word to word claim they’re only willing to pay me 50% for the damages on my car and i have to sign a damage release. What could I do if I don’t want to accept that offer.
Lee dee says
I was hit by an 18 wheeler walking a crosswalk after work. The guy mad a right turn and I looked up there he was.. I braced myself and it sent me flying a few feet .. I immediately got up bcuz On coming track(red light at the time) , he said he didn’t see me, he gave me his name, name of the company truck and plates. I called 911 and it took them 25 mins to come by that time the driver had left. I told the cops what happen and the didn’t treat the way the should have, I scared as heck, it was cold outside so I went to seek medical attention at a hospital near me. I have soft tissue injuries, bulge disc and I lost my job behind the injuries. My lawyer filled out a Sr1, has talked to the company and has sent them letters.. They are giving us their insurance company.. will the fact I didn’t make a police report hurt my case and can my attorney find the insurance through the Sr1? I’m in California. Thank you very much!
Aurora Perez says
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 it’s been 24 hours & nothing was filed & but my insurance calls me saying someone filed a claim & so now there’s a claim if the person at fault calls me & I don’t answer after he has my information my license plates and I don’t go through with my insurance claim can he still sue me ?
Ian Pisarcik says
Aurora,
In most rear-end cases, the person who strikes the car in front of them is found at fault. Regardless, the other driver can file a claim whether or not you decide to file your own claim.
Ian Pisarcik says
Lee dee,
These are good questions for your attorney. The fact that you didn’t file a police report is unlikely to harm your case (especially since you called 911). However, your attorney knows the ins and outs of your case better than me and you should direct these questions to your attorney.
Ian Pisarcik says
Katherine,
If you don’t feel this is a fair offer, do not sign the release. You can propose a counteroffer or hire an attorney to fight for a better offer. If you need help locating an attorney, take a look at our free directory.
Rusty Thompson says
Yesterday I had a fender bender, was at a stoplight and the light turned green so I let it roll in neutral. I hit a Ford with my Jeep Cherokee at probably 2mph after he slammed on the brakes. We pulled over exchanged insurance via cell pics, but didn’t call the police. His hitch did more damage to my jeep, I bent his back bumper barley. We also exchanged numbers and I texted later on in the night asking if he’s ok and said sorry again. He said he’s fine, everything is fine. I told him I’d contact AAA because I have full insurance. After i felt like i gave him to much information on my AAA. on the screen. Before we both took off he told me he’s going out of town for a couple days. What do I do? Walk into AAA and report it or wait on him in a couple days? I’m stressed out on getting sued. Any information would be helpful, and thank you in advance.
Ian Pisarcik says
Keeker,
Filing a report isn’t likely to help you in this situation. You may, however, want to take pictures of your vehicle so that she can’t claim her vehicle was damaged worse than it actually was. I would also draft a letter describing what happened and send it to your insurance company. While this letter isn’t 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.
Clarissa says
So I backed into someones car and left a note with my name and phone number. She said that the damage is 2,600 and that her deductible is $500. If I pay the deductible will her insurance company still come after me for more money?
Mike says
My girlfriend rear ended a guy yesterday. 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. Her car has major damage as she hit his tow hitch. Later that nite found out he contacted her insurance company. He also only provided his ins card with no policy number or name and think May of give us a fake name. I feel hes gonna try and go after her ins now for the other damage or pain and suffering but she only has basi.c coverage on her car. We are also in florida. Any advice would. Be nice.
Danyel M Thompson says
I was in Louisiana visiting and my daughter’s friend hit my car while it was parked with no occupants. I didn’t make a police report. He gave me his insurance information and said that his brother may be able to fix it. I tried to be nice and see if he could. Once he seen the damage he daid he would not be able to. 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. Well now he is telling the insurance company that they have the wrong number and telling me they haven’t called him. I found out that the truck is his mother’s and she is the policy holder. Neither of them are returning calls or emails from their insurance company. Iam nack home in ohio and cannot confront them about the run around they are giving me and the insurance company. I feed and want to know if I can sue? The accident was 5 days ago
itzel Gonzalez says
I was in a major car accident a couple weeks ago, a lady to my left side driving at a high speed, ran a red light while mine was green. All the front of my bumper came off & was dented, her passenger side door was dented, from the impact. Everything happened so fast. I quickly took pictures & made a police report. I refused medical help at the scene although I was complaining of back pain (I told them I didn’t have money for a medical bill) When I tried to file a claim through the ladies insurance, she lied & said her light was green & she was in the right to go. Which is a complete lie. I have since been to the doctor because of my back pain, & they told be I would need to start therapy. Do you think I have a case, if I try hiring an attorney & suing her for damages & my medical bill?
Their was also surveillance video in the area where it happened.
Roger Desmarais says
I was recently in a minor fender bender accident in Texas. I was driving a rental car, and while I have insurance on the rental to cover damages, I don’t have liability. Police were not involved at all. What’s my best course of action, as the individual I hit does have insurance. Should I reach out to the driver and offer to pay the deductible? Just curious as to what her insurance company will do, or even her for that matter?
Latricia says
I really neee some assistance right now and I’m feeling so helpless. The year of 2018 in May I had bump the rear of someone’s car after a bottle fell and was rolling in my driver side floor. When I went to pick it up for a quick split second that’s when I bumped her car and immediately turned my car off and got out of the car to check to see the damages and still see my the Driver was okay when I knocked on the window and ask if she was okay she looked at me angrily and proceeded to talk on the phone I did have a new job and was only on an hour break it was about over and I stood there for at least 10-15 minutes and then left because I didn’t want loose my job so now a year lady today she is suing me at a lump sum of money & my insurance do not cover BODILY LIABILITY so now I have an Attorney and we’re going to discuss my options I have but I don’t want my life to be ruined I’m currently in College and have so much potential better myself I don’t need this to ruin me , Any advice would be greatly appreciated.
P Ann Sisk says
A car hit my grocery cart into my knees at a grocery store on my way out of the store on June 12, 2019. At the time of the incident I was scared and afraid and didn’t want to cause a scene, My adrenaline and nerves were high. 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. I now remorsefully regret that decision as the grocery cart (which was full of groceries) was hit by the driver of the car which pushed the grocery cart into both of my knees that I had replaced within the last 5 years. I am in a lot of pain and don’t know what to do since I didn’t get the drivers information or file a police report or go to the hospital. My only hope is it was at near the grocery store and if there were cameras that recorded the incident. Please advise if I can get some assistance with the pain and stress of possibly message up my knee replacements. I have never sued anyone as I usually am very forgiving, however I may have just hurt myself with kindness. Thank you for taking the time to review my incident and is there anything I can now legally?
Mandy says
Recently got into accident in a parking lot, I hit a parked empty car, damage to both cars but no injuries, clearly my fault. We exchanged information, no police, and then left. I immediately filed a claim with my insurance., but it’s been weeks and she’s not filed anything. Her car was at least 12 years old, not in great shape, and may be considered totaled by insurance in my opinion. I have good insurance that will cover costs. I live in a no fault state. Why wouldn’t she have filed anything yet?
Abin Babu says
Hi my wife recently scratched an individuals car in the rear. The scratch was very minor we left our phone number and email as a contact. He contacted us and got us an quote after almost 4 weeks for complete fender replacement for 2200 bucks. If i ignore this person can they sue us ? What can we do we feel like we are being scammed for being nice people.
Ian Pisarcik says
Abin,
Yes, the individual can certainly sue you if you ignore them. 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).
Ian Pisarcik says
Mandy,
There’s lots of reasons why someone might delay filing a claim, everything from being busy to being seriously injured. You did the right thing by contacting your insurance company. If the other party doesn’t file a claim before the statute of limitations runs, they’ll lose all of their negotiating power. All you can do is hang tight.
Ian Pisarcik says
P Ann Sisk,
I would recommend scheduling an initial appointment with an attorney in your area. Use our free online directory to find an attorney. The vast majority of attorneys offer free initial consultations. They will be able to review your case and assess the likelihood of tracking down the negligent party. Depending on the other circumstances of your accident, the grocery store may even have some liability.
Ian Pisarcik says
Clarissa,
The insurance company will seek the full amount ($2,600) from you or your insurance company.
Frankie S says
Recently got into accident in a parking lot, I hit a parked empty car, damage to both cars was very small, but no injuries, clearly my fault. I notified the owner of vehicle. No police, she asked for money I offered $100.00 and she took it then I left. immediately without giving her any personal or Insurance info. I was driving my parents car.
The thing is my brother was with me he had applied for a job at that place that was the reason we were there. After about 3 hrs. she called my brother ad said she wanted more money because her window had being damaged and if he did not pay her or give her my info she was going to sue him and garnish his wages. We did not file a claim I was visiting my parents and left monday, she kept calling my brother asking for $800.00 my brother said he did not have that kind of money he just got the job and he was not the one who hit her car. Plus she made a deal with me. 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. Can she sue him? Do my parents should file an Ins. report?
They have good insurance that will cover costs. how long it will take if she sues for us to get a notification?
Mitzi says
What can I do if someone caused the car accident but no police report came out.
Ian Pisarcik says
Mitzi,
If someone else caused a car accident and you suffered damages, you’re 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). I would consider reaching out to your insurance company or an attorney in your area.
Ian Pisarcik says
Denyel,
Yes, you can certainly sue. I would recommend reaching out to an attorney in your area (or even your insurance company).
Lora Wallace says
I was recently involved in a merging accident that was my fault. The other driver was from the neighboring state and just a bridge separates the 2. It was minor…no injuries although it made me extremely nervous. The man said he wasn’t going to call the police and we could just exchange info which we did. So about an hour later this man and his”wife” were ringing my doorbell off. They said they wanted money. They didn’t want to turn it in to insurance. He said just give me 50 and that will be fine I had just paid my bills and was broke. I realized at that point this was a scam job. So he said well I’ll get back in touch with you. So the next day he shows up and demands $75. Five minutes later he raised it to 150 and before he left he had it at 900 and said his sister would burn my house down if I didn’t pay. So when he left my roommate and I went to the local police station and talked to an officer. He told us that this guy hasn’t got a leg to stand on. And he sure can’t be coming to my house harassing me. It’s a civil matter now. And if they come back to call them and they will come. Well…of course they came back and I called. The guy was all mouthy and saying he knew this person and that person. The officer was annoyed. He told them not to come back and if they did they would be arrested. Of course the man denied saying the remark about burning down my house. But my roommate was present when he did. Anyway…i took responsible for fault in the accident. I was willing to work with this man and make payments to him…which he was agreeable to in the beginning. I’m on SSI and most of my monthly money goes to my bills. Also…I looked at the damage on the seen. When he came to my house on Saturday there was more damage than there was from the wreck. Major scam artist.
Ian Pisarcik says
Latricia,
It sounds like your lawyer has the matter under control. While being sued is incredibly stressful, there are options. I’m sure your attorney is working on reducing the demand amount and seeing if you have insurance coverage. There are also repayment options (if, in fact, you’re found liable). Hang in there, lawsuits are stressful, but a civil lawsuit will not ruin your life.
Casey Davis says
My friend I was hit by Tyson semi truck driver he was parked in the road she went to go around him he had no blinker on as she was going around he turned and hit her he jumps out the truck threatened her saying that Tyson was going to sue her so she was already scared and shaking and she did not file a police report now she has no way of going she’s hurt as far as back injury and don’t know what to do she’s a server which she only makes $2.13 an hour plus tips she is a single mother and already struggling im just trying to help her
Cherita johnson says
Hi i had an accident in Chicago . I was driving down the street an traffic came to a stop. About 8 seconds later a car smashed into the back of me. At the time I had no insurance, but she did. There was no police report filed an she even signed something agreeing to pay for my damages. She gave her insurance information. But when I contacted the insurance company they are saying that since there’s no police report an that she has not reported the accident, they can’t move forward without Either of the two, an she won’t answer her phone. Not sure what to do from here. Please please help.
Charles Moore says
I have one where 2 insurance companies are trying to collect 2600.00. it was a situation where they said my one of my business trucks ( its a ranger with no company identification) was at a house and the person driving it was trimming trees ( i have a surface restoration company not landscaping) next door to their vehicle parked in the driveway and tree trimmings damaged their vehicle. apparently all they got was a tag number. no police report, no insurance card. no photos no nothing. i believe i even had the truck at my house at the time as i was having mechanical issues.
seems my truck never made contact with their vehicle.i have never in 19 years done a job in the city.
What they could do in this situation?
Kathleen says
I rear ended a car, at first I pulled over, but then panicked and left. The driver did get my license plate as I drove away and reported it to the police. Once I got home the police pulled up right behind me. They got out, talked to me and took my information to give to the other driver. Since the accident happened in a different county, the police in my county then left. That was it. Now what can I expect? Can I be charged with a hit and run since I did share my information?
Eric says
This morning my car scraped another vehicle.
The only damage to the other car was surface paint removed. The incident occurred on a college campus, and the other party was a contractor who did work at the school.
The police were not called, but information was taken by a campus security officer.
I am willing to pay for the scratches as they realistically were my fault (I did NOT admit fault)…. I have not contacted my insurance. My car only got a slight scratch which I can easily fix on my own.
What is my best course of action? The vehicle I “hit” was a company vehicle, so there was no owner present. I really don’t want this to hit my insurance.
Melissa Gold says
Hi, Eric. Thank you for reaching out. I can understand your not wanting to risk the insurance company’s raising your premiums for what sounds like a very minor incident. However, you do need to reach out to the owner of the vehicle (you can call the contractor) and the police to work it out with them. You didn’t mention whether you left a note identifying yourself and letting the driver of the other car know what happened, although it’s good that you had campus security document the incident. However, you must also make a police report. It could be considered a hit and run because you left the scene, even though the damage appears to you to be minor. That’s why it’s essential that you file a police report as soon as possible.
You should call the contractor/company that owns the vehicle, explain the situation, and provide details (location, date, time, etc.) to give them the opportunity to negotiate with you if they plan to repair the paint on the car.
This article provides additional guidance: http://www.enjuris.com/blog/questions/hit-parked-car/.
Because this incident could be considered a hit and run, we’d also recommend you consult with a personal injury lawyer in your state for additional advice. Best of luck – it sounds like you’re trying to do the right thing!
Melissa Gold says
Hi, Kathleen. Thank you for reaching out to Enjuris for guidance. A hit and run could be a criminal offense, and how it’s handled depends on what state you’re in. In many states, an accident can qualify as a hit and run if the driver leaves the scene without exchanging information. It’s always best to stay at the scene, share information, and try to get a police report.
It’s probably a good idea for you to contact a lawyer who handles traffic-related offenses. Best of luck — we hope it’s resolved soon.
Ian Pisarcik says
Charles,
They can file a lawsuit alleging that you caused the stated damages. Of course, you’ll 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.
Ian Pisarcik says
Cherita,
Just because there’s no police report doesn’t mean you can’t sue someone for damages caused by a car accident. I would recommend using our free online directory to contact an attorney in your area. Most attorneys will provide a free initial consultation.
Ian Pisarcik says
Roger,
If you caused the accident, her insurance company can come after you for the damages. However, it’s unclear whether she has filed a claim with her insurance company at this point. You can certainly reach out to her and try to settle the matter without involving the insurance company. If you do reach a settlement, it may be wise to have her sign a release. I would recommend contacting an attorney in your area to discuss this.
Ian Pisarcik says
Casey,
Did your friend happen to get the drivers license plate number? You can always file a lawsuit against Tyson, but it will be difficult to prove liability if you don’t know the identity of the driver. Nevertheless, I would still recommend meeting with an attorney. Most attorneys offer free initial consultations, and an attorney may have some ideas about how to track down the driver (security footage, route maps, etc.). You can use our free online directory to locate an attorney in your area.
Christi says
My husband drives a Tractor Trailer. He was stuck in traffic 6 months ago on a 2 way street. An accident had occurred that shut down the road miles ahead of him. Every now and then traffic would move a couple of inches.
A pick up truck that was behind him decided he didn’t 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. 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. No police report was filed, No communication took place between my husband and the other driver. Everyone just went on their own way. Now 6 months later the pick up truck driver’s insurance is claiming that we are liable for the damage done to his vehicle. He is the one that was not in a legal lane, he is the one that tried to fit where he couldn’t. Now we are liable for the damage done to his vehicle? Could this be true? How do we fight this???
Mike says
I was a passenger in my friends car and we got reared ended by another car on the freeway near an exit. His car hit the car in front of us but was major damage. A truck hit the car that rear ended us so we got hit twice. We all got out to check damages then my friend and the car in front moved off to the side. My friend then panics and leaves the scene because he had no car insurance. 3 days later I felt stiffness in my back. I contacted my friend and informed him but he’s acting as if I was never in his car. Now with no police report, witnesses or his insurance information do I have a case to sue him for pain and suffering plus negligence? I know where he works and has his first and last name with his phone number? Do I even have a case?
Stacy says
II was pulling out of the parking lot to make a left turn when my Buick Verano was hit by a older model white Honda. To avoid blocking traffic I completed my left turn and parked out on the street. The Honda then followed suit. I examined both vehicles and my car received minimal damage to the right front bumper while the Honda had damage to the right bumper and headlight. It appeared the Honda had previous damage to the left bumper/headlight as it had white tape holding it. The police were not called out and insurance was not exchanged. I unfortunately had lapse in my insurance coverage due to unemployment. The Honda had liability coverage only.
Vehicles are parked out on the street in front of the church, so when you are exiting the parking lot you have to carefully pull out onto the street to see around the parked vehicles. 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. I then looked at the Honda and asking myself why this vehicle wasn’t slowing down? I do believe speed played a factor as it’s only 30mph. we have no income coming in to help pay for the damage. What happens next?
CEdwards says
I was in and accident in 2017. I was backing out of a convenient store parking lot. As I was backing out a car speeds behind me and hits the door. He says its his moms car and he does not want to call the cops and does not have his drivers license on him. I gave him a copy of mine and left. Two years later I am now being sued for an accident that I did not cause by the guys insurance company and it is the first time I am hearing about this whole incident.
Ian Pisarcik says
I’m sorry this has happened to you. If the lawsuit is within two years, the statute of limitations likely has not run. That means, he is within his rights to sue you. Whether he can prove that you caused the damaged claimed is another question. I would recommend speaking to an attorney in your area. Most initial consultations are free and you can use our free online directory to locate an attorney.
Ian Pisarcik says
Mike,
It’s unclear from your description of the events whether your friend negligently caused the accident, or whether the vehicle behind you negligently caused the accident. Regardless, you’re able to sue the negligent party (whether it’s your friend or the other driver) for your injuries. I would recommend speaking to an attorney. Most attorneys offer free initial consultations. You can use our free online directory to locate an attorney.
Melissa Gold says
This sounds like a tricky situation. In most states, the statute of limitations for a personal injury/negligence claim is 3 years, so if that’s true in your state, he’s still within the time frame to file a lawsuit.
Of course, obtaining evidence to prove liability (of either party) is going to be more challenging 2 years later than it would’ve been if the claim was made immediately after the accident.
Your best option is probably to hire a personal injury lawyer for your defense. From what you’ve written, it’s not clear how much damage there was or to whose car. It’s difficult to know how you should handle this without all of the information. Consider the Enjuris Personal Injury Law Firm Directory to find a lawyer near you. Present whatever facts you have, along with a copy of the claim that was served to you so that your lawyer can advise you on how to proceed. Best of luck!
D says
(Florida) I was in a minor accident a month ago and the other person’s car got minor damage to the back bumper. We exchanged information and took pictures of the damages and she did not file a police report or contact insurance. I have never been in an accident and wasn’t sure of what to do. Also, her license plate was expired by two months which is why I think she didn’t file. We decided to discuss the matter later that day and she said everything was okay and to continue with my day. She had seemed really nice and chill about the situation. Later that day, I called her and she was unavailable. I have tried contacting her for two weeks and she seemed to be unavailable every time, saying she would contact me at another time and never doing so. 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. She never sent me anything to respond to and didn’t message me for weeks. Finally, today she said we need to discuss the damages. At this point in time I have lost motivation to be nice. I was ready to handle the situation the day of and have been trying to contact her since. She didn’t seem to care about the situations until today, lacking proper communication for weeks. She is threatening me with hit and run, when the situation is not a hit and run. She also claims I never respond when she contacts me when it is the other way around. I’m not sure of what to do since I never expected any of this to happen. Any advice?
Anthony says
I got into an accident where there was no damage and no police report was made to my knowledge.(I was at fault) I gave them everything other then my insurance (bye mistake) and didn’t get there information other then there phone number what can I be expecting
Ian Pisarcik says
Anthony,
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. Either way, you can expect to get a call from your insurance company. During the call, the insurance company will ask you to describe the accident. You can learn more about dealing with your insurance company in this article.
If the other car didn’t sustain any damage, the owner may not file a claim. On a related note, it’s important to take photographs of both vehicles after an accident so that the other driver can’t claim you caused damages that you didn’t actually cause. It’s too late to take photographs of the other vehicle, but I would recommend taking photographs of your own vehicle as soon as possible.
Melissa Gold says
Hello, there. From what it sounds like, neither of you reported the accident to your respective insurance companies and there was no police report. Most states have laws about when a police or Department of Motor Vehicles report is required. For example, some only require it when there’s physical injury, others have a requirement when the property damage is more than a specific amount of money. Here’s a breakdown of the reporting laws by state: https://drivinglaws.aaa.com/tag/accident-reporting/.
By not reporting the collision to your insurance company, you might have lost the ability to have her claim covered under your insurance. That doesn’t mean she can’t file a lawsuit or small claims action, though. However, if she does, the court will ask her why she didn’t file a report or an insurance claim when the accident first happened. You’re not obligated to speak with her or return her calls. But, it might be a good idea to consult a lawyer to find out what your liability is. It’s hard to offer specific suggestions without knowing all of the facts or the laws of your state. Please consider using the free Enjuris Personal Injury Law Firm Directory to find an attorney in your area. Most personal injury lawyers will provide an initial consultation at no cost, and then they’ll explain your options and what you might be responsible for in this situation. Best of luck!
jay says
I am 17 years old and 6 months ago i backed into a car who was driving behind me in parking lot. It was a very small dent and i gave her my phone number so we could stay in contact and i took responsibility. I told her i would cooperate to pay out of pocket for the repairs if she didn’t file a claim since at the time i was driving my dads car without a licence. We both agreed and her expensive shop came out to $1890 for the small dent. Over the months i paid her $1350.She is still fighting for the remaining 500 even though i told her she could take her car in to another car shop were they wouldn’t charge more than 600 and she could keep the change. Now she said she is going to take final steps since i didn’t 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. what should i do? i dont want to file a claim bc of family issues or what can and cant she do? helpppp
Ian Pisarcik says
Jay,
It doesn’t sound like you reached any sort of valid legal agreement to pay a certain amount of money. If she wants the remaining $500, she would have to file a lawsuit (most likely in small claims court). It’s unlikely that she would do so over such a small amount. Nevertheless, it’s possible. If she were to do so, you would have an opportunity to show up at court and argue that you’ve already paid her enough to fix the small dent. Here is some more information about small claims court.
Ian Pisarcik says
Christi,
Based on what you described, it sounds like the pickup driver is either at fault or at least partially at fault. In some states, being partially at fault prevents you from recovering damages. In other states, your damage award is simply reduced by your percentage of fault. If you explain what happened to your insurance company, your insurance company will likely decide to fight the claim.
Ian Pisarcik says
Mike,
I would have her relay this information to her insurance company so that the insurance company can deny the claim.
Ian Pisarcik says
Rusty,
Be sure to save the text message and pictures in case the driver tries to claim that you caused more damages than you actually caused. In the meantime, you can simply wait to hear from your insurance company, or you can contact your insurance company and let them know what happened. If you choose the latter option, be sure to let your insurance company know about the texts and pictures.
Ian Pisarcik says
Stacy,
It sounds like you were likely at fault for the accident. But, there’s a chance (particularly if the Honda was speeding) that the other driver was at fault, or at least partially at fault.
Regardless, if you don’t have insurance coverage, the Honda driver will attempt to collect damages from you personally. Most likely, the driver will reach out to you and try to resolve the matter out of court. If you refuse to pay, the driver may file a lawsuit and attempt to get a judgment against you (at which point, they can start procedures to collect the judgment).
Ian Pisarcik says
Lora,
Sorry this happened to you. The appropriate action for the man to take is to file an insurance claim or a lawsuit. Unless he does either of those things, I wouldn’t give him any money. In addition, I would continue to call the police if he shows up at your house.
Ian Pisarcik says
Frankie,
Your brother was not responsible for the accident and therefore he is not liable. If she attempts to sue him, the lawsuit will be dismissed.
Ian Pisarcik says
It sounds like you have a good case. I would recommend reaching out to an attorney. If you need help finding one, you can use our free online directory. In the meantime, be sure to keep copies of all your medical records and photographs.
Monkey11 says
I was at a red light yesterday afternoon (Lexington, KY) and the light was about to turn, so everyone started moving forward. The person in front of me stopped suddenly, so I did to. I was close, but I’m very certain I didn’t hit them. We were moving at a crawl anyway as the light was just starting to turn green. However, they were adamant I hit them. They got out of their car and I soon followed. When we’d looked at the point where the cars met, they weren’t touching as I suspected. But this couple was still convinced I hit them. I pulled my car back to get a better look. My car had zero damage. Their car looked like it had two paint covered bumps on the bumper. Very small and no chipped/scratched paint—they looked like factory sensors or something. There was definitely no cracks or dents, etc. Anyway, this couple was just adamant. My husband totaled our car a couple years ago, so I didn’t want anything on our insurance. I offered to pay them for any damage. I gave them $136 in cash (it’s all I had on me), which was probably a mistake but I wanted them to see I would pay for whatever damage. They didn’t want to call the police I asked several times. They got my drivers license and insurance info. They seem like a nice older couple, just easily rattled I guess. But who knows. What do I do now? Do I notify my insurance without making a claim (Nationwide)? And what do I do about this couple? Do I contact them or wait for them to contact me?
Thank you!
Haley
Ian Pisarcik says
Haley,
As I’m sure you know, it’s 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.
At this point, my suggestion would be to hang tight and see if they contact you or make a claim with your insurance company. In the meantime, I would take lots of pictures of your vehicle (so they can’t later claim there was more damage than there was). I would also write down your version of events now (while it’s freshest in your head).
Patricia Duran says
My Car was parked on the street and a commercial Van hit my car, i have a witness but i did not file a police report cause the supermarket manager want to pay darmage of my car without reporting to the insurance. Can i sue the supermaket comercial van without a police report..that happen yesterday Nov 6, 2019 What can i do??
Ian Pisarcik says
Patricia,
Though a police report is often helpful, you don’t need a police report to sue someone. In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. Be sure to keep the information for the witness somewhere safe in case the supermarket denies your version of events.
Vanessa says
I was rear ended at a red light no police report was filed it’s been 2 months and nothing has been done cause they can not locate the driver by telephone or mail her insurance or my attorney but they have her address I need my car fixed what should be the next steps
Ian Pisarcik says
Vanessa,
If you have hired an attorney, I would consult with your attorney regarding next steps. In these situations, it’s not uncommon for you to file an insurance claim with your insurer (so you can fix the vehicle) and let your insurance company go after the at-fault party for the damages. But again, if you’ve hired an attorney, you should consult with them to make sure you’re taking the right steps for your specific case.
Theresa Lu says
My car got hit from behind in the parking lot last month. There was a damage to the car but no personal injury. I have at fault driver’s driver license. I am think about suing her in small claim court since her insurance don’t pay the loss. My question is what if the address on her driver license is not a valid or current address? The reason I am asking is the citation has to be served to the defendant. If it is not a valid address, can we still sue her in the court? We don’t have police report so I am not sure who can assist us if we can’t locate the at-fault driver.
Cj says
I was recently in a collision where the identity of fault was unclear. I was attempting to turn left and hit a car in possession of the lane, however, if they weren’t speeding to beat the light the accident would never have happened. Since one second i was clear to turn and the next they were just there. I had to chase them in my vehicle a ways to get them to pull over. All of us exited our vehicles and no injuries were visible, there was considerable damage to both vehicles. They were very upset and when i mentioned calling police they went into panic mode and begged me not to since they did not have insurance because they just purchased vehicle(not new, very used). I said that was ok since they had papers showing that, they then stated they didn’t they left them at home. I said well lets call my insurance first and see what they will be able to do about that and go from there. As soon as i dialed they took off. I was unable to get any information or license. I filed a claim with my insurance and a police report. What can i expect from this?
hailey says
I was a passenger in a collision and the driver of the vehicle i was in was at fault. She didn’t file a police report or tell her insurance because she didn’t want her insurance to go up so she is paying out of pocket for the damages. I was injured and went to seek medical help, nothing serious but whiplash and a minor neck and back injury. I will have to pay out of pocket for physio and massage therapy. Is there anything I can do?! I have contacted an attorney but am waiting for a response.
Ian Pisarcik says
Hailey,
If the driver was at fault, then you’ll need to file an insurance claim with the driver’s insurer in order to recover damages (or file a lawsuit against the driver). Your attorney will be able to advise you in this regard.
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.). Bring these documents with you to your first meeting with the attorney.
Ian Pisarcik says
Alexis,
I have no way of knowing whether there are witnesses or not. Though it varies by state, the owner of the car generally has 2 or 3 years to file a claim. If there were witnesses, the owner of the car could (in theory) wait a couple of years before contacting you. Generally, the owner/police wouldn’t wait so long and you would be contacted within a couple of weeks.
Raudel says
im going through same issue what was the outcome of your issue did you sue him?
Bryan moussa says
I got hit by a car in LA and i lost consciousness. When i woke up i was at the hospital . 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 . can anyone give me an advice for what im supposed to do
Jasmine says
I dont know if im at the right place or not. But today a car semi hit my 1 year old daughter while we was crossing the green light. The car drove off and the a block away he stopped to check the car and then drove off again. I didn’t make a police report because my daughter wasn’t crying or anything. But once i got home i checked my daughter and she has a bruice on her arm where the touched her. What can i do ? Is it to late to make a report? I took pictures of the license plate.
Alexis says
Hello! I was in a car accident four months ago and i was driving my boyfriends car without insurance and a bald tires. We had just gotten the car when one of the tires popped and I had to get it fixed. On the way to the tire shop someone stopped very quickly in front of me and I slammed on the brakes but the car didn’t stop. I ended up hitting the worker truck in front of me. My car was completely totaled. His truck seemed fine, maybe a dent in the back of course but he drove the thing away with no problem. The case was taken to the courts but they dropped it because of a discrepancy with how the ticket was written. 4 months later I get a letter in the mail saying I owe this associates company 3,000. He threatened that my license will be taken away if I do not pay it. I am 20 years old and just trying to pay for the roof over my head. Not sure what to do at this point. Help?
sally says
i was hit by and uninsured motorist now after a couple years she’s trying to sue me for a $100,000.00 dollars she hit me and the claim has been closed no one was hurt but she is claiming she has suffered severe personal injuries and lost wages i think she is just trying to get money for something that didn’t happen my car got the most damage her car just had a light broken is this possible?
Melissa Gold says
Hi Alexis,
Thanks for reaching out. Sorry you’re in this situation! Without knowing all the facts of the case, I can’t really offer advice on how it might work out. But, I think the best thing for you to do is to consult a lawyer. Most personal injury lawyers will offer a free consultation. Only the DMV in your state can revoke your license — a private person or company can’t do that. However, you don’t want to ignore the letter in case it’s putting you on notice that you’re going to be named as a defendant in a lawsuit. Again, without knowing the specifics, the only thing I can recommend is that you seek the advice of a lawyer. Please feel free to use the Enjuris law firm directory for a list of qualified lawyers in your area. Best of luck — I hope it all works out for you.
Adriana Miranda says
A taxi failed to make a complete stop at a stop sign and we T-bone. The taxi had a passenger that fled the scene . Now this passenger that is not even in the police report, got his attorney to file a claim to my car insurance. 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. He fled the scene , he even try to get information via text with my wife . Clearly wanting money without saying it . Please, need Guidance.
darrell says
Hi,
a girl who was on probation for DUI hit my car which now needs a new bumper. 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. The guy promised to pay for the damage but said he was broke at the time. He also played 7 years in the NBA WITH Lebron James but swear he hasnt got anything. Been two months, havent heard from him. I have no police report because I thought he would fix my car by now. What can I Do?
Ian Pisarcik says
Darrell,
It’s always a good idea to call the police after an accident to avoid situations like this. However, you don’t NEED a police report to file an insurance claim or a lawsuit. Hopefully you have the contact information for the driver. 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). If you wish to file a lawsuit instead (or you don’t have the contact information for the at-fault driver), you should reach out to an attorney in your area.
Ian Pisarcik says
Bryan,
Contact your local police station and tell them you want to file a public records request for the police report. Provide the rough date of the accident and the name of the officer. They’ll be able to find the report if there was one. You can also ask to talk to the police officer in case he has more information. Your insurance company should also be able to investigate the accident.
Ian Pisarcik says
Theresa,
You may be able to find a lawyer who can assist you for free through your local state bar. When you say “citation” are you referring to the complaint for court? You’ll need to have a process server serve her with the complaint. If you find out the address isn’t valid, you can still sue. You’ll just have to publish legal notice in a newspaper in the county of the last known address (i.e., the address on the driver’s license). The clerk at the small claims court may be able to get you started. Just tell them you don’t have the current address and need to “serve by publication.”
Francia J says
Hello there,
I was involved in a car accident 2 years ago where I hit another car from the rear back. My car was total loss while the other car only had scratches in the bumper. Now I’m being sued by that person claiming serious personal injuries, medical expenses, pain, suffering and inconvenience. The question here is, why is this happening after 2 years and what kind of lawyer do I need? I was not expecting this as right now as I thought my car insurance company was on top of things and money is a big concern… 25k plus interests is what they want and I barely get paid to survive. Need advice…
Ian Pisarcik says
Francia,
In most states, a plaintiff has 2 or 3 years to file a lawsuit. Unfortunately, it’s not uncommon for plaintiff’s to wait until the last minute.
Generally, the car who rear-ends someone is at fault. Your insurance should cover most of the damage. Accordingly, you should contact your insurance company and send them the lawsuit. Your insurer has an attorney that will represent you for damages up to your policy limit. If the driver is suing for damages above your policy limit, then you’ll have to hire a personal injury attorney to represent you. You can find one in your area here.
Frank Harold says
I was heading down a road entering a small town. The speed limit was 45 mile and I was probably going between 40 and 45 when a woman in an SUV didn’t stop at the STOP sign and pulled in front of me causing me to rear end her. I didn’t even have the opportunity to hit my breaks. My mini cooper burst into flames and my car was totaled. The SUV had NO dents or scratches. And I had just left a celebration with friends where I had two beers, The incident happend not even 10 minutes after leaving the restaraunt. And I didn’t even get the chance to get her information because I was in complete shock and disoriented from the impact. When the cops arrived the cop asked me what happened and he said he smelled alcohol on me and handcuffed me and took me away. I am being charged with a DUI. Can I still turn around and sue her for negligence? I want her to pay for my car and my medical bills, plus now having to fight a DUI which I wasn’t even intoxicated. The cop didn’t even have me do a sobriety test, didn’t read me my rights and showed no concern for my well being. It was in a small town and he knew the woman I rear ended. She didn’t even get a citation.
Ian Pisarcik says
Frank,
You can still sue the woman for negligence (even though you were given a DUI). However, a court might find that due to your alleged intoxication, you were at least partially at fault.
Most states require both drivers to stop, exchange information, and render reasonable aid. It sounds like the other driver failed to do so, in which case she acted improperly.
The most challenging part of your case will be proving that the other driver ran a red light and caused the accident. I would recommend reaching out to an attorney in your area. An attorney can discuss your options and, should you choose to file a lawsuit, can help gather evidence to support your claim (security footage, witness testimony, etc.).
Moses says
I’m having a similar situation.my previous address I had an neighbors visitor who constantly would illegally park behind my vehicles.I literally was in reverse after I had let my son off.the van in question was already along the driveway outside the lot.i proceed to let off the brake and see the flash of the kid try to beat my Jeep.he still swiped me and left paint.i repeatedly complained prior to this that they made stickers mandatory and placed a second no parking sign.now they have afni trying to collect money .I still have photos and tried to do the kid a solid after the mother started to freak out.
Melissa Gold says
Hello Moses. Thank you for reaching out. I’m not completely clear on what happened, here. It sounds like you’re describing having hit another vehicle and the owner is coming after you for damages. A police report is always an important document to have as evidence, as it should be an objective account of how an accident happened and who was involved. However, a police report isn’t necessary for a lawsuit. If you’re 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. The Enjuris law firm directory is a great resource to find a lawyer near you who specializes in this type of claim.
Billy Matteson says
I live in Illinois and was served paperwork about my father being involved in an accident on May of 2018, which a Law Firm is attempting to sue my father $50,000 and the best part is he was never in an accident as they claim it was a major rear ended accident and yet somehow my father was able to flee the scene… The statement is hearsay as there is nothing about someone noting a plate number or any proof of evidence that is possible. The Plaintiff did her statement but somehow for 2 years, they did not contact my father or come to our address to get a statement from his end as it has been 2 years since this “accident” happened and this has put a lot of stress on our family and we are definitely looking to counter-sue as this companies reviews are horrific and they are the same stories but the plaintiffs were reviewing them as crooks. Being the defendant, there is no police report, nothing has been showing on LexisNexus for our insurance company until the filing date of 1/29/2020. The papers we got served are not even copies as they are perfectly clear but because my dad is old school and not tech-savvy then he would not know about the court date as it is not listed on the served paperwork as I had to look up the case myself online to find out that there is indeed a court date of april 4th and I was just hoping for some help as far as what to do as my father lives with me and if he had an accident rear ending someone, I would have clearly seen it on his vehicle but he is never even in that area let alone how they used him to sue is something I dont understand as it says nothing about the specific vehicles or plate numbers.
Ian Pisarcik says
Sally,
Did you or your insurance company reach some sort of settlement with the at-fault driver at the time? If so, she likely signed a release preventing her from suing you. If not, she’s certainly permitted to sue you. Of course, filing a lawsuit and proving that you’re responsible for her injuries are two different things. Regardless, you’ll need to respond if she serves you with a complaint, otherwise you risk having a judgment entered against you. My recommendation would be to meet with an attorney as soon as you’re served with a complaint.
Ian Pisarcik says
Jasmine,
It’s not too late to make a police report. Be sure to provide a copy of the photo of the license plate. In addition, it would be wise to take your daughter to the doctor to get checked out. Some injuries don’t show symptoms until days later. You’ll 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.
anonymous says
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. him and his dog got out, and I didnt get out because of the dog, but I rolled down my window, and he checks my car and his, then claims that I reversed into him. I drive an automatic and there is no logical reason why I would even be in reverse or why the car would reverse on its own if it was automatic, while at a red light.
I mentioned to him I felt a bump and that was it. I’m thinking the guy behind him actually triggered the event making the guy blaming me think I reversed into him because we both looked kinda stationary at the red light.
Anyway, he then kinda just waves it off and is like “meh”, and then just gets back into his car, light turns green, and we both end up driving off. no one follows each other, and he never urged to grab my information or offered us to pull over within the 2-3 minutes the light was red and this all happened. he just darts back into the car before I can say much of anything else.
Now Im wondering whats going to happen. This is not how I planned my day, or my life, and I would be financially ruined if he were to somehow have taken a picture of my license without me looking and filed some kind of report or take action later down the road. 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.
Is it possible that this was a lucky break? He really didnt seem to care. Its too late for anything at this point as we are both home at this time. We didnt follow each other, had our emergencies on, or anything. We just drove into our respective neighborhoods. I’m still vastly paranoid though that something will happen because people are highly unpredictable.
Melissa Gold says
Hello. Thank you for sharing your story. I can understand why this situation would be concerning. You don’t mention how much time has elapsed since this event, but you might still be able to make a police report. The rules for reporting vary from state to state. Some states require a report for any collision, even if there are no injuries and no damage. However, making a report might protect you in case the other driver does intend to pursue it later. Here, you can find a state-by-state list of reporting requirements.
You also might wish to consult an attorney. For one thing, the sooner you have a written account of what happened, the better. The more time goes by, the more likely that your memory of what happened could become fuzzy or distorted. It happens to everyone! Second, an attorney can advise you of what your potential liability is based on the facts of the case and the laws in your state. Please feel free to use the Enjuris law firm directory to find a lawyer near you who can help. Best of luck!
Stacey D says
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. Then he took off. 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. We also took pics but unfortunately, the tag was blurry. I got a police report, a well known law firm took the case but after about 2 weeks they drop it stating the guy had an alibi, saying he was home with his wife and she agreed. I founc out my insurance wae lapsed because my mother didnt pay. NOW GET THIS, the police had him to bring his truck in for inspection. He had a dent on his truck to collaborate my story. He said the dent was made by turning into his parking lot. I have sonce then been having night mares as well as aches
Please,Please i beg you, somebody please help me. I am desperate in getting justice.
Please
Instagram Dress-maker-Atlanta
unknown unknowns says
I have a family member (38yrs old), who was hit by a police truck one night while he was crossing the street. It was in a residential area and the cop didn’t have any lights on. My family member was hit, flew a few feet, 15 or so, some pedestrians moved him out of the road and called ambulance. The police officer that hit him never stopped. No police report was ever filed. And to add on, after my family member was taken to the hospital, they released him within less than an hour of arriving, didn’t let him call for a family member to pick him up or anything, have him crutches nd sent him on his way. he had to walk all the way home, which is about 3miles from hospital. he didn’t have any broken bones, but wow, can the hospital really just treat you like that? Please comment with some advice or just your personal opinion. That entire incident just seems really wrong on the police and hospital part.
Ian Pisarcik says
Stacey,
I’m sorry this happened to you. It sounds like you need to find another attorney willing to take your case. I would recommend using our online directory to locate an attorney in your area. Initial consultations are generally free, so you’ll be able to find out whether the attorney is willing to take on your case without any cost to you.
Ian Pisarcik says
Thanks for the comment. I’m sorry this happened to you. The hospital likely has some liability for failing to let your family member use a telephone to arrange for a ride. However, it sounds like there may not have been any damages stemming from this refusal. As a result, litigation may not be prudent. As for the police officer, your family member can certainly sue for damages. The challenge will be identifying the responsible officer. I would recommend meeting with an attorney in your area to discuss your options.
Ian Pisarcik says
Adriana,
It’s hard to answer your question without all of the information. However, if you were at fault (or partially at fault) for the accident, then the taxi passenger would certainly be within his rights to make a claim against your insurance for any injuries he may have suffered.
Anika Wilmore says
Pleassssse help! My boyfriend was driving my car, I was in the passenger seat, and he accidentally rear ended the car in front of us maybe going about 10-15 miles an hr. The police were right behind us, we al pulled over and exchanged information. 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. I asked him to contact me if he needed anything. It was simply radio silence, and 3 days later he sued me and has retained an attorney. This seems fishy and weird doesn’t it? He’s being very vague about what the injury is. What can I do??? This is a nightmare!!!
Anika Wilmore says
Oh, and a PS to add to my question regarding possibly being wrongfully sued. It was so minor the police didn’t even bother filing a report. Does that help my side?
Ian Pisarcik says
Anika,
Thanks for the question. It sounds like your boyfriend was at-fault for the accident and therefore the innocent party certainly has a right to sue for damages. To recover damages, he’ll have to prove that he was actually injured and that the injuries were caused by the car accident. Without knowing the details or looking at the complaint, it’s impossible to know how likely it is that he’ll be able to prove his case.
A couple of initial thoughts:
1. Filing a lawsuit three days after an accident is somewhat unusual. It’s certainly not unheard of, but most lawsuits don’t get filed until much later. Are you sure that you’ve been sued (i.e., you received a summons and complaint?)
2. The fact that the police didn’t file a report helps your case, but not a lot. Did you happen to take down the name of the officer? If so, the officer could be a useful witness because he’ll be able to testify that there weren’t any apparent injuries.
3. Most initial consultations with attorneys are free. For this reason, I think it would be in your interest to meet with an attorney in your area. Show them the paperwork you received and they’ll be able to tall you what next steps you should take.
Margarita says
hello,
i got into a minor fender bender with a person who did not want the cops called at the scene. The cops were called anyway and he brushed them off and said it wasn’t necessary. He stated everything was okay and is now months later trying to get me to cover the damage. It is thousands of dollars when it was just a minor scratch. My insurance did not fight for me but instead stated it was my fault. How can i fight this? 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. Please help
Ian Pisarcik says
Margarita,
If your insurance company denies your claim because they consider you to be at fault, you need to immediately notify the insurance company (via telephone and in writing) that you dispute their finding of fault.
Keep in mind that proving the other driver was at fault (particularly that he was intoxicated) may be challenging if the police report didn’t indicate any problems. Nevertheless, you can hire an attorney to investigate fault. 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.
If you do decide to meet with an attorney, you can use our free online directory to locate one. Fortunately, most initial consultations are free and the attorney can give you a good idea as to the strength of your case.
Bridgette says
My brother hit someone’s car the other day. Small amount of damage to other car. My brother didn’t have insurance. And the other drivers insurance was not shared either. No police were called. No report was made. My brother said he would pay the driver for the damage and the next day told my brother the damage was $2500. My bro has not seen the Quote from the auto body shop. Now the driver is telling him he needs to be paid within 10 days or he’ll go to the police. How can I be sure that he didn’t damage the car even more? Or that he even has insurance or if he even got a quote.. And I’m afraid if my bro pays him; the other guy will still try to get money from the insurance company as well. What can we do?
Melissa Gold says
Hello, Bridgette. Thank you for asking. It’s always a best practice to get a police report, even when an accident is minor. If your brother didn’t have insurance, that can be a problem. Without a police report or insurance, it’s going to be difficult for your brother to have any defense if this person intends to hold him responsible for damages. If you find that he needs a lawyer, you can find one in your state in the Enjuris law firm directory.
KIKi says
Hello, I had a car accident on february 2019 , the police report shows no one is AT-fault.But my insurence put me as an At FAULT. So, can I deal with my insurence to change their decision and get my right to medical expenses.
Thank you
Haley Strait says
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 driver that she hit was stopped in the far lane, in the middle of the road, right behind the driveway, waiving a poster board and the cars going in the same direction she was headed were having to move into the turning lane to get around her.) Originally, the other driver said that only her license plate holder was broken and her tail light knocked loose. The police were called and no report was completed due to the damages being less than $500. The other driver filed on my insurance and is now claiming their rear fender and front tail light were also damaged. The other driver provided dash cam video to my insurance company, but my insurance company won’t let us see it, nor will the other driver will not release it for us to view. What are out options? We have gone round and round with our insurance company and are getting no where. All they will tell us is that you can see the other driver was stopped for more than 30 seconds, but provide us no details or answers to our questions. Any direction you can provide is most appreciated. Thank you!!
Ian Pisarcik says
The responding officer will often offer his opinion as to fault in the police report, but the insurance company is under no obligation to agree with this opinion. Generally, the insurance company conducts its own investigation and makes a determination as to fault. If you disagree with this decision, you can contest it. If you have evidence that indicates that the other party was at fault, I would provide it to the insurance company. If the insurance company still doesn’t change its decision, you may need to get an attorney involved.
CA GIRL says
I accidentally hit an older truck in a two lane drive thru, I got out of my car to check both cars, my car was the only one that seemed to have scuffs/some paint come off on the corner of the front bumper, there were no dents or anything significant. The truck didn’t seem to have any damage at all. 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 didn’t want it. Does this mean he can’t do anything after that? 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? I was only able to get pictures of my car after it happened, and now my car is already fixed since I took care of it personally.
Ian Pisarcik says
Thanks for the comment.
The owner of the truck could still file a claim against your insurance or sue you even though he turned down your information. However, the fact that he turned down your information will help support your argument that he didn’t incur any damages.
CA GIRL says
Okay, but is there a certain time frame or days allowed for someone to do that after the fact? What if there is a proof on a camera that I didn’t hit him and drive off?
Andy Ryz says
My daughter was involved in an accident two years ago. Her vehicle was uninsured at the time. 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. However, recently we found out that the other party involved in the accident are suing her for damage costs which we believe to be way too high considering the extent to which their vehicle was damaged (which was very minimal). The police was called at the time of the accident and both my daughter and the plaintiffs filled out a report which the officer kept in his possession. Then the plaintiffs drove away like nothing happened to their vehicle, meanwhile my daughter’s car pouted on over to our driveway… a block away. 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. Does she stand any chance of defending herself in this situation considering her negligence to carry valid insurance at the time of the accident?
I suspect that she has the right to ask for a report from the plaintiff’s mechanic, proving the cost of repairs, then use that in comparison to the police report in case of any inconsistencies. I am also wondering if she has an opportunity to redeem herself from fault of this accident, since she truly believes she didn’t cause it. However, by paying her tickets and fines from the incident, has she already pleaded guilty? and is that irreversible if so?
Please advise,
with appreciation
catscatscats says
My son was in an accident. The hood latch malfunctioned and the hood flew up but did not detatch from the car. 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. He looked ad saw a car coming from further that did not appear to be stopping. The other driver hit my son from the rear at 45mph. Even the tow driver stated, no way he even applied breaks.
However, the statement on the police report stated that my son said the hood flew off. 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. In another place in the report it said there was no distraction. My son tried to have the report amended, the police aid refused to amend or add his statement. She told him he was lying . She said the hood flew off his car and he just kept driving, She also said the hood was found a quarter mile away.
There are no scratches to my son’s car roof or any cracked windshield that I would expect from a flying hood. and if it hit the other drivers windshield, I can’t imagine that he would have not braked or swerved.
The other driver has hired a lawyer to go after medical claims. He was not taken to the hospital from the accident.
there is a witness who saw part of the accident, but I don’t thing they actually saw the hood fly off and hit his windshield.
Where do we go from here?
That is a thoughtless answer. In any trial a person is allowed to give their testimony. In this case the officer who did not witness the accident made herself judge and jury. No one is defending the fact the malfunction equipment is our fault. However, the insurance company has already claimed responsibility and is covering all property damage. Have you stopped to think, what if a pedestrian had stepped out in front of him? We are stuck because there is no way to prove that he was not directly behind my son, he had time to stop and go around as other drivers did. And also if the hood did fly off and hit his windshield, how is it that my sons vision was impaired, he kept driving, and he slammed on the breaks all at the same time? And how is it the driver behind never slammed on their breaks? i think if something hit my windshield i would most certainly break, swerve, spin or something. He hit my son’s car going at least 45 mph. The tow driver told us no way he ever applied his breaks. Our back in is pushed up to the rear wheel well.
Bottom line, this is not about what if’s . I’ve accepted the fact there is no way to prove my son’s statement. If he is totally at fault, then that is why we purchase insurance. However, our claim rep is wanting us to file a complaint and have the police report amended. I don’t want to be sued if the insurance does not pay out. For get about the what if’s, the man was not injured and even if he had whiplash, he would have had PIP. This is clearly a situation where he sees and opportunity to profit.
I’m sorry , I meant the other driver’s insurance company has already stated their driver was at fault and is covering all property damage.
I apologize for not including everything in one post. The police report misquotes my son’s statement. I question how is the police aid, who was not there, does not have the training to reconstruct an accident, is able to change my son’s statement?
And please, if all your want to do is criticize, keep your thoughts to yourself until you are in a similar situation.
Someone says
I am just searching for How many strikes would a man get if he injured someone badly in a car accident, this article caught my eye. Wow.
Ian Pisarcik says
Thanks for reading!
Melissa Gold says
Hello. I’m sorry to hear that you’ve had this experience. There seem to be a lot of opinions about what happened and how. Fortunately, you might have enough involved parties (between the police, the other drivers, the witnesses, the auto mechanic, and the medical provider who saw the other driver) to be able to piece together what actually happened. For example, whomever fixed your son’s hood might be able to testify that the hood didn’t actually detach from the rest of the car. Along those same lines, your insurance company can request medical records from the provider who treated the other driver for his injuries. A lot of the aspects to this accident should have a “paper trail” that could either support or disprove what’s written in the police report. That’s only one part of the story. Since you’re dealing with so many questions of fact, I’d strongly suggest calling an attorney to help you work with your insurance company and also the other driver’s insurance, if necessary. There are a lot of things that can be ironed out, and a skilled lawyer can help find the evidence that will support the facts. Please feel free to use the Enjuris law firm directory to find a lawyer near you. Best of luck.
Melissa Gold says
Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. You can read more here about statutes of limitations. The statute of limitations in this instance depends on your state laws.
Ian Pisarcik says
Thanks for the question.
First, the fact that your daughter didn’t have insurance at the time of the accident won’t factor into the decision of (a) whether she caused the accident, or (2) how much damage the other party sustained.
Second, in most states, simply paying a traffic ticket is NOT like pleading guilty, in the sense that it can’t be held against you if you’re slapped with a civil suit at a later date. However, it CAN be used against you if you appeared in front of a judge with respect to the ticket.
Third, your daughter certainly has a right to see the mechanic’s estimate. In addition, I would send a letter to the other party (send it certified mail) requesting that they get a second estimate from a mechanic of your choosing. If they refuse to do so, be sure to mention to the judge that you politely requested that the party get a second opinion (bring the letter and proof of delivery with you). Other than that, things that might help you prove that the damages weren’t as severe as claimed include: the police report, photos of the vehicles, and witness statements.
Melissa Gold says
Hi, Andy. You’re correct that the fact that your daughter’s vehicle was uninsured at the time of the accident will be a problem. But, you’re also correct that the plaintiff should be claiming the amount that they paid for damage to their vehicle (unless there were other costs, like medical or other expenses). I suggest you contact an accident attorney in your state to negotiate damages and defend your daughter in court. If the plaintiff files a claim, the mechanic’s report can be obtained by your lawyer through the discovery process. The tickets and fines might be evidence that the plaintiff uses to prove that she was negligent in causing the accident or failing to have insurance, but your lawyer might have a strategy that would minimize their impact on the case. Please consider using the Enjuris law firm directory to find an attorney in your area who can help. Best of luck — I hope it’s all resolved swiftly.
Layla says
So I got into a wreak last year. I was in the yellow turning lane, driving to the red light. Well this lady tried to get in front of me but she wasn’t fast enough and I hit her on the side door. I DID NOT have insurance at the time. i just started a new job at the time and my paycheck was just a few days away. My car is also the only vehicle my family has but I couldn’t really drive without insurance legally but I can’t pay insurance unless im working and I couldn’t work if I didn’t have a car.
Anyway, the lady seemed nice to me at first. My mom thought there was something off about her. She agreed to not call the police if I paid for the dent on her door. This was my first wreak EVER!! And I had just gotten my license a few days before. 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. I gasped and she said it’s from something else and not from the wreak BUT said her daughter (who has heart trouble and they had their dog in the car)
She kept messaging me the estimate of what it would take to pay. After a a month I explained I only work part time so I would need a year or two to pay her 3 grand. After that she never contacted me again.
My mom thinks this lady already had something wrong with her car and just wanted her car fixed for free and she probably didn’t have insurance either.
Melissa Gold says
Hi, Layla. I’m sorry that happened. There are a few things to think about, here: First, you should never be driving without insurance. Just like paying for gas, paying for insurance should be considered a cost of having or driving a car. Second, it’s always a good idea to get a police report at the scene. Even if you believe it’s your fault (and we’ll get to that in a minute), a police report can protect you from additional expenses. For example, there’s 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.
In this situation, your options are limited because you didn’t have insurance and there’s no police report. You mentioned that the accident was a year ago but that you haven’t heard from the other driver in a while. Perhaps she was able to get her car repaired and you won’t hear from her again. If you do hear from her, though, you might need to negotiate payment. 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.
Finally, just a note for the future — you don’t have to admit fault after an accident. You shouldn’t lie, but you can say that you’ll make a report to your insurance company and let them handle it. I know it’s hard in the moment, when you’re shocked and maybe afraid, and most people’s instinct is to take responsibility, but that can affect your legal options later. Best of luck — be careful out there and make sure to get your insurance!
Melissa Gold says
Hi, Haley. One important thing to remember is that your insurance company isn’t necessarily your ally. They want to pay the minimum amount possible, whether it’s to you or to another party. If your insurance company isn’t cooperating with your requests for information, or if they’re not working to settle the claim, you should find a lawyer. Your lawyer can handle all communications with the insurance company on your behalf, and they’ll work to minimize your daughter’s liability, the amount settled with the other party, and to recover any damages you might be owed. You can use the Enjuris law firm directory to find an attorney near you who can help.
Jimi says
I was ran off the road by a semi truck on my way to work. I was not physically injured, but I am definitely emotionally rattled by this ordeal. My minivan (Dodge Grand Caravan) is more than likely totalled as I had run over a piece of fallen tree when ran off the road. A police report has been made and several witnesses to the scene called it in. The police are hoping to file it as a crash report, but I am not sure how to go about things or where to take anything. My family is not one to sue, but I realize that my very life could have been taken in a flash. We were in a construction zone on the highway, so no real emergency pull off is available where I was ran off the road.
Melissa Gold says
Hi, Jimi. I’m so sorry that happened and I’m glad you’re uninjured. You don’t mention in your comment whether you were able to get identifying information for the truck and driver that caused the accident. Regardless, the first step is to call your insurance company. Depending on the state where you live, whether you have information on the truck, and some other factors, you might be able to get compensated for the damage to your car directly from your insurer. The reason to file a lawsuit would be if your insurance company doesn’t cover your claim (or doesn’t cover the entire cost of your damages). If that happens, and if you have information that identifies the truck and driver, you might be able to file a lawsuit for the costs not covered by insurance. Certainly, the police report and witness statements will be very important to this process.
If you feel that the settlement offered by your insurance isn’t covering your costs completely, you should not accept a lesser settlement. Instead, you should call a lawyer who can help you negotiate and who will handle your legal claim if that becomes necessary. Please feel free to use the Enjuris law firm directory to find a lawyer near you. Best of luck!
Ian Pisarcik says
Your insurance policy may include “uninsured coverage,” which would provide coverage to you in the case of a hit-and-run. If your policy does not provide this coverage, there are some other optional policies that might still help you get reimbursed. You can learn more here.
Jmart2135 says
I just got served papers for an accident that supposedly happened “on or about” June 29,2018. The papers have my full name and address.
Problem is, I was never in an accident in June 2018. Theres no police report number but the forma do have the county clerk’s stamp on it and it looks real.
Should I contact my insurance? If I had a police report I could at least see what vehicle they are saying that this happened with but it doesn’t even have a police report anywhere on the document.
In the header it has the title Citation – TRC 99 and 106.
Any help is greatly appreciated!
Alex says
I was ran off the road this morning by a semi tanker. We were on a 3 lane wide, semi in the middle and me on the right. 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. This even had me lock my brakes up, and slid through the light and spun. The side of the road has gravel and debris so there wasn’t any tire marks. He did not come in contact with me, however in a blink of an eye I couldve been history. Im very shaken up, along with current mental health issues which made me have an anxiety/panic attack. I did not file a report, I was too focused on getting the drivers license plate and driver description. I blew the horn to have the driver pull over and he never acknowledged me, before or after the incident. I called the company driver safety line and have not gotten a call back. Any advise? Where do I go from here? I’m not sure if my car has any damages to tires or rotors yet till I can schedule to get it checked out.
Melissa Gold says
Hi, Alex. I am sorry this happened to you. I can understand how it would’ve been frightening and that you’re feeling anxious and panicky afterwards. It was a great move to make sure you got the license plate information. The next step is to get a medical examination as soon as possible. You can only claim damages for a treatable injury. So, while a panic attack is very real, if it’s not something that requires medical treatment, there wouldn’t really be any damage claim for that. But if you experienced any other injuries that require treatment, that would be a different story. You also should take your car to be examined right away. Similarly to physical injuries, you could hold the trucking company responsible if there was damage to your car. If the car is fine and doesn’t require service, then there would likely not be a claim to be made.
In other words, I’m so glad you fared okay after the accident. It’s definitely scary to have such a close call. If you do have expenses related to medical treatment or service to your car, you can call your insurance company to make a claim. If that doesn’t seem to help, you can feel free to use the Enjuris lawyer directory to find an attorney who can help. Best of luck, and I hope you feel better soon!
Melissa Gold says
It’s possible that there’s some mistaken identity happening. Perhaps there’s someone who has the same name as you do who was in an accident and they couldn’t track that person down effectively. It might be a “real” document, but not meant for you. However, as you try to figure out what’s happening, you want to be cautious about providing any personal information, just in case this is not a legitimate service of process. You don’t want to fall prey to any sort of scam.
My suggestion is that you find a lawyer who is able to review the documents. 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. Or, if it is meant for you but the accident never happened, they can handle that scenario as well. Please feel free to use the Enjuris lawyer directory to find a lawyer in your state who can help. Good luck!
Tasha says
My husband, 2 granddaughters, and I was in the yard when a man and his young son cane riding by on motorcycles. Our dog went chasing them down the road. We didn’t think much of it for he does that often when certain vehicles go by., we live on a dirt road in a rural area. My granddaughter said she saw them and neither of them had shirts on and the father did not have a helmet on. 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. He says because of this he injured his hand and now wants us to pay for the doctor bill which is $500. He never filled a police report and we really don’t have any evidence that this is what happened. What should we do? We feel that he was in the wrong riding on a county road with his minor cold driving a motorcycle and the father had no helmet on driving his.
Tasha says
My husband, 2 granddaughters, and I was in the yard when a man and his young son came riding by on motorcycles. Our dog went chasing them down the road. We didn’t think much of it for he does that often when certain vehicles go by,we live on a dirt road in a rural area. My granddaughter said she saw them and neither of them had shirts on and the father did not have a helmet on. 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. He says because of this he injured his hand and now wants us to pay for the doctor bill which is $500. He never filed a police report and we really don’t have any evidence that this is what happened. What should we do? We feel that he was in the wrong riding on a county road with his minor child driving a motorcycle and the father had no helmet on,driving his.
Jeff says
Hello, thanks for the information. I was hit on the back driver quarter panel by a dump truck. He spun me sideways on the highway and I was able to safely get to the side of the road. He also pulled off the road behind me. I had a destroyed rim and a lot of car damage. It was 3 hours from my home and I had to be at work in the morning. I was concerned my insurance would go up and not knowing how I was gonna get home. Instead of making a police report the boss of the truck driver said he’d give me $1,000 and fix my wheel. I took his offer but now I’m getting new tires/rims and there is more damage. What should I do ? Thanks
Ian Pisarcik says
Jeff,
Just because you accepted $1,000 doesn’t mean you can’t file an insurance claim (or file a personal injury lawsuit against the at-fault driver). The $1,000 will simply be deducted from the total amount of damage. Accordingly, I would file an insurance claim against the at-fault driver. Be sure to keep copies of all the repair documents so you can show them to the insurance company.
Javier says
Hello
I need some recommendation
Someone is suing me for an alleged hit to another car, this supposedly happened in April 2017. This person says that I hit his car with mine and escape. (There is no evidence of it)
what I would like to know because until now he has made that type of accusation and what could I do about it
Thanks!
Melissa Gold says
Hi, Javier. If there’s no evidence that you caused an accident 3 years ago, there’s likely not much the person can do to pursue a claim. Also, depending on where you live, that might be past the statute of limitations (deadline) for how long they have to pursue a claim.
The person needs to prove that you caused the accident, and it needs to be within a certain time period (depending on the laws in your state). If you are served with a lawsuit, you’ll want to find a lawyer who can find out if there is evidence you don’t know about and if it’s within the statute of limitations.
Hannah says
Hello, I recently hit a parked vehicle about a month ago. The person wasn’t in the vehicle. I informed the owner, unfortunately she didn’t care much because damages were minimal and left back inside . Said it was okay. No cops were involved. We did exchange phone numbers . A couple days ago she messaged me stating she needed the money to give her the amount she wants. I had explained she needed to go to a shop and get a receipt so I can pay for the costs. Person refuses, told me she’s going to show up to my job for the cash . Asked her to file a claim to see if insurance covers it as another option, says she doesn’t want to through her insurance. What do I do now? She wants a high amount without going to the shop
Ian Pisarcik says
Hannah,
You did the right thing in choosing not to give this woman any money. At the very least, you want a bill/estimate from a repair shop before paying the cost of repairs. If the woman continues to be an issue, you might consider filing an insurance claim with your own insurance company. The accident will likely be covered and all you’ll have to do is pay the deductible and let the insurance company deal with the woman.
Vic says
There are 3 possibilities for this.
1. The man deliberately wrecked his car to siphon more money from you and your insurance. Highly unlikely, I can see insane people deliberately wrecking their car for this but no one in their right mind would critically injure themselves just to obtain money in a lawsuit that they aren’t even guaranteed to win.
2. He got into a severe accident shortly afterwards, and the driver who did this fled the scene, so he is trying to take it out on you.
3. Your husband is lying. This can be easily corroborated or dismissed based on the damage your husband’s car incurred. Unless your husband was driving a Hummer H1 there is no way he could wreck another car that badly without totaling his own car.
John Buger says
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 it’s been three days and they still won’t give me their insurance they’re getting an estimate even though I’m trying to pay out of pocket they still won’t give me their insurance if they end up calling insurance on me and I didn’t 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. I’m waiting for them to give me an estimate but either way they still won’t give me their insurance I’m thinking maybe they don’t have any
Ian Pisarcik says
John,
If you are at fault for the accident, the other driver’s insurance is irrelevant. The other driver’s options are to settle the claim with you personally or file a claim against your insurance company.
George says
Hi my son had his new car less than a week and was at a stop light and rear ended. He exchanged info with the other driver. No police were called, damage wasn’t too bad and no injuries. He called the drivers insurance company and found out that the insurance had not been paid in 3 months. Will our non insured motorist cover this without a police report on file or should we file a report after the fact?
Ian Pisarcik says
It’s always a good idea to file a police report so there is a record of the accident. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed.
Alfredo Gonzales says
I was hit by a semi truck while riding my bicycle because the driver ran a red light .they did not make a police report and i was healing from my head wound that i got . 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. Im at a loss on how to resolve this .
Ian Pisarcik says
Alfredo,
If the semi-truck driver ran a red light, then he is at fault for the accident regardless of whether a police report was made.
You need to file an insurance claim against with the insurance company for the trucking company. If you don’t know the insurance company, you have a couple of options:
(1) Contact the California DMV and provide them with the information you have. The DMV may be able to locate the insurance information.
(2) File a claim with YOUR OWN car insurance company. Explain that you were not at fault for the accident and provide them with the name of the trucking company.
(3) Contact a personal injury attorney. You can use our free online directory to locate an attorney near you. Most initial consultations are free.
Shon says
I was in a car accident in a mall parking lot. I pulled out from the stop sign and was hit on my drivers side. The guy was cutting thought the parking lot when he hit me, he was also speeding. My brother was on the passenger side also. I got out and took pictures and the guy jump in his car and moved his vehicle where he was to where it looks like he was on the correct side of the rode. The police came out but did not write a report, their was 2 witnesses plus my brother who was on the passenger side that witnesses the accident. 3 creditable witnesse. One witnesses stated he almost ran her and her child over right before hitting my vehicle. The other witnesse statement backs up my claim along with my brother statement. His insurance company called me and ask me if i would accept 1000 for pain and suffering i denied it, he then called my brother with the same offer which he denied also. Because we wasnt sure about the nature of our medical expenses at that time. 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. I explain to him searval times that he cut thought the parking lot, i also told him i have 3 witnesses that was there at the sense and witnesses everything including my brother that was in the car with me. He never took my brother statement nor the other witnesses, He said they’re not creditable because the police didn’t take their statement. The police didn’t take no one statement. He didn’t even write a report the security guards did . They are serveal cameras out in the parking lot but he said it has to be court subpoena to view them. I tired to appeal to get him to take the witnesses statement but he denied each time. Im stuck with medical bills and a towed out vehicle. At this point im ready to file a lawsuit but wasnt sure exactly on who to file it against. The insurance company for denying my calim are the at fault driver for lying…?? If i file the suit against the driver could his insurance company pay? Are will i be pursuing payment from him???? I hope i didnt make to many errors.. Please let me know what to do now. I really didn’t want to hire Attorney unless its absolutely necessary, i dont have enough money to hire one at the time… How do the process work at i file a law suit ??? What happen next?? Mobile AL
Niyah says
Hi I was an a car accident 2 months ago I hit them from the back police came to the scene but the other driver told police we do not need them I stayed quite cause I know it was my fault. 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. Now weeks later she texts saying she is I pain and did not want this reported to the mvr that’s why she told police not needed. Is 2 months later she is still harassing me for insurance info to cover her cost even though we agreed to getting it fixed by me. She is now putting in a claim what do I do.
Melissa Gold says
Hello, Niyah. I’m sorry to hear you’re in this situation. What’s done is done, but it’s important to get a police report at the scene of an accident for just this reason — even if you’re not planning to make an insurance claim. A police report can protect you against this type of situation. You have a few choices: First, you can go ahead and provide your insurance information to the driver and see if your insurance will handle it. Be prepared that they might not… many policies have strict time limits for when you need to report a claim and if it’s past that time, they might not cover it. Second, you could seek advice of a personal injury lawyer. If the insurance doesn’t cover the collision and this driver is intent on recovering damages, she can file a lawsuit against you. 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. You can seek more guidance from a Georgia personal injury lawyer. Best of luck.
Melissa Gold says
Hi, Shon. I’m sorry you’re in this situation. It sounds as though there’s a lot of good evidence between the several witnesses and camera footage. The other good news for you is that most personal injury lawyers don’t collect their fee up front. Instead, they work on a contingency basis. That means the lawyer will earn a percentage of whatever damages you receive. In other words, you don’t pay the lawyer right now; they will receive a portion of the damages when the claim is resolved. When you hire a lawyer, you’ll need to discuss what their percentage will be (often it’s around 33%) and if they do have up-front expenses.
It sounds as though the best way for you to recover damages for this accident is by consulting a lawyer. You might still be able to reach a settlement with the insurance company, and your lawyer can help negotiate that for you. However, it does sound like a lot of people are being uncooperative (specifically the driver and the insurance companies) and that’s when it’s essential to have the advice of a lawyer. You can find an Alabama lawyer in the Enjuris directory: http://www.enjuris.com/directory/alabama/. Good luck!
Charles says
Hello, I was in an accident in July 2020. The guy in front of me backed into me. He tried to offer me money to have my car repaired but I wanted to go through insurance. He then became very unpleasant and threatened me and my passengers. He told me if I tried to file a claim all he would do is lie and say I hit him. So I called the police to file a report. From his actions with the police and admitting that he offered me money and that he passed his turn ( which is the reason he backed up), the police found him liable and gave him the citation. 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. They say I have to wait to see what the outcome of his court hearing is, but he has missed 3 court dates already. Also, I had 3 passengers that talked to the police and gave their account of what happened that he backed into me. His passenger told the police that he was not paying attention to what the driver was doing.
Merry says
Hey my son was backing up from a parking spot an backed into a car with 2 kids in it there was very little damage done there car was fixed 2weeks later now almost a year later they are during me saying that they got hert their was no police involved insurance denied there clam what should I do
Zo says
Hello, 3 weeks ago I had an accident. I was going down a road I was about to pass a bike shop. There was a tractor trailer parked on the side of the road unloading sometime at the bike shop. It was parked on my side of the road to the side. there was a car coming out from the bike shop and just as I was coming around the tractor trailer the suv pulled out and hit my car bursting my right front tire and hitting the front door. 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 doctor’s appointment so the person told me they would give me the information I got a picture of his registration and being upset I didn’t think about getting a picture of the insurance but since he said we would exchange information and wouldn’t have to call police since I was in a hurry. I
got his name and phone number also. The security guard at my doctors office changed my tire. I call that evening and his wife or girlfriend answered the phone and she said that he had told her he had been in an accident and that if we could do it without going through the insurance company because insurance goes up so high and so I agreed. I haven’t talked to the driver only his wife. She told me to go get some estimates. I got estimates and sent them.Then she said she didn’t know who was in fault so we should go half and half. I assured her that he was in fault but offered to pay half anyway. Now I have texted about three times and no response. the next thing I know I’m not hearing anything from them.
I want to know if I can sue them or get them to fix or help fix my car?
babaturi says
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Ian Pisarcik says
Glad you found it helpful!
Mrs says
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 . I have his information , and picture of the accident but no police report. Any advise what to do?
WB Ray says
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 . No place immediately pullover so it took me about a mile the police showed up, then came back to me. The woman driving the car admitted to police she was speeding ( a little bit). There was no police report, now they’re sueing my step dad’s insurance company . What’s the chance of this happening
Melissa Gold says
Hello, there. I’m not entirely clear on what happened, here. It sounds like the woman was speeding and hit you from behind, but you don’t say whether there was an actual collision. Also, I would think that if the police were there, a police report should have been filed. I’d suggest calling the local police department (or whatever agency responded to the scene) to inquire about a report.
It’s also unclear why they would sue your insurance company, unless they are claiming you were at fault. My suggestion is for you to contact a personal injury lawyer near you. They can figure out the details of your accident, review the evidence, and advise you on how to proceed. You’re free to use the Enjuris law firm directory to find a lawyer near you. Best of luck!
Gar says
Was in a miner fender bender in Illinois where the vehicle began to move forward at a stop light and hit his brakes… I did make contact but the majority of the damage was to my car being a small compact and his Lexus suv, not sure of the year had scratches on the bumper… I put on hazards and asked him if we could pull ahead as to not congest traffic, that I’d prefer to attempt to resolve financially on our own, preferring to not be ticketed as I was the one unable to stop although I don’t consider myself completely at fault! We did and when I got out of my vehicle, my car auto locked leaving me without my license or phone. He took a picture of my insurance card, and called my phone, took pictures of my cars damage and allowed me to use bus phone to call AAA so I could get in my car! 3 hours go by and I’m able to get into my car, he’s left and I call him. He said he’s fine, he’d already gotten an estimate and the damages to fix the vehicle were 2-300.00 and that he’d let me know by the end of the following day what the cost would be to settle! He didn’t 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. Hour later he calls and says he has an amount in a voice message. I had text him asking for pictures of the damages on his vehicle. I called him back, he stated that he didn’t have pictures of his vehicle, only took of mine, and that he computed the amount at $1800, considering damages, now all of a sudden a doctors visit, the amount for repairs and lastly lost time from work. Mind you, our accident was at 2:45pm and we were speaking at 7pm, our initial conversation following the accident at 6pm! I told him I’d consider paying but that because of the amount and considering I needed an estimate for my car, I may go with insurance. So at this point I have his phone #, first name only… no police report. I called him at 8:45pm and asked him for a copy of his insurance and a copy of the repair estimate. It’s 8:30 am the following day and I’ve heard nothing from him… I have good insurance, but if I called them I’d be only giving a first name, and I have zero documentation of the needed repairs to his vehicle…. suggestions…. ???
Adri212 says
Please advise me what happened at the end because my daughter is havi g the same isue
Thank you very much
Maria says
Hi there! I’m here on behalf of my boyfriend, who received a rather interesting message this morning nearly two years after the incident described occurred.
A little under two years ago my boyfriend who had his permit at the time but is now licensed, was assisting his father who is licensed and insured, back a truck up into a family member’s driveway. While parking, the truck’s hitch bumped into the front of another parked car (belonging to another family member) and formed a minor dent in the bumper. This family member refused to make a claim through insurance or have the damage appraised, and insisted that my boyfriend pay cash to settle it independently (with no set amount stated) even when he offered to take it in for repair and pay through the auto body shop. My
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. In response to today’s 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?
Thank you for any input!
Yandy says
hi i was in a minor accident the lady was fully stopped behind me and tapped my bumper. we both got out and mad sure everything on the car was OK an most importantly if we were good. my mom and 10 year onld daughtrr were in the car the said they were good . no damage nor injury’s so said no need to call cops and we did not exchange information. i did not report to my insurance . now 2 days later my mother went to the hospital and says she feels pain. can i be sued? what should i do? i was not at fault.
MonDy says
I was in a minor car accident at a gas station, I was at fault as I hit the car when I was backing my truck. No damage with my truck and minor on her, she initiated that she doesn’t want to call the police. I gave her my insurance info and phone number. She gave me her phone number, and I immoderately report it to my insurance. In TN, we need to file a report to department of safety within 20 days of damages are more than $1500. What happens if I cannot know the cost within the 20 days deadline. Thanks!
Amber Gibson says
Hello this is Amber, I wonder why police stopped my house give me a ticket! It’s was April 22nd to now May 18th a month…. It’s not my fault I was parking wait for my son come in he come in OK then I looked back and front k I turn mean to go but sudden I saw her coming so I stopped and she fast coming and sametime stopped both of us she hit my truck left side its not bad just scratch so she not report the police me eighther not report police so yea I took picture in case she too took pictures so then after that since a month the police stopped by and givee a ticket I shock why it’s was happen not now one a month ago… Is that law correct to give me a ticket? Yes I’ve insurance but no drive lience that’s why I ask u guy a question is that correct a law for ago a month no report the police….
Beth says
I was waiting for the red light to turn green, but I accidentally accelerated before time and slight hit the car infront of me. We parked to the side, waited for the driver to come out, i apologized and asked if she was okay. She statea her head hurt alittle, but the car was fine. She alao pointed put her back bump was already damaged, that I didn’t need to worry. We went back to our car, thinking we would leave and proceed our way. she was still parked, I went ans knocked on her window and asked again if she was fine, she atated that she was still shook, but was fine talking to her mom. She got my name/number. Can she sue or file a claim without police report? What are the chances? Beforw we parted pur way she stated. Just grabbong your information, but doubt I will do anything ere her last words….Mind you, no damage was done to her car from my end.
Jess says
I couldn’t figure out how to make my own comment so I decided to just write it as a reply to yours.
I’m from NY but I was in CT when this happened. I’m a minor with a junior license and I was driving my dads car to work but I ended up parking too close to this other car and I tried fixing it but I just ended up getting closer to their car. 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. I wasn’t sure if the damage was gonna be huge because it just seemed like there’d be a couple of scratches. They wrote me back and said that I was stupid but they never specifically stated if there was any damage to their car. They also said they took pics of my plates and they were gone by the time I was finished with work. I think they called me at one point while I was working so I called them back but they never answered or anything so I don’t even know if it was them. Do I have to tell my parents about this or will it just blow over?
Jess says
Hi I’m 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. I tried fixing it but I just ended up getting closer to the car. I left it cus I was gonna be late to work and I didn’t want to make it worse. once I was inside I wrote a letter with my number on it and went back outside to leave it on their windshield. I think they called me when I was at work so I called them back immediately but they never answered. Once I was done with work I found that they wrote me back and basically called me stupid and said they took pics of my plates but never specifically stated if there was any damage to their car. There’s a small scratch on my dads car but idk if that was already there. Also I’m from NY and this happened in CT. I’m pretty paranoid and I’m hoping that this won’t become a huge issue in the future. What do you think?
Melissa Gold says
Hi, Jess. Good question, thank you for asking.
It sounds like you did exactly the right thing by leaving a note with your contact information. If there’s no damage to their car, then there’s no issue, really. They can’t sue you for parking too close, unless there was no way for them to move their car without causing damage. As far as your dad’s car is concerned… that’s between you and your dad. 😉
If the other driver does threaten to sue you or claim damages, and if you don’t think there was any physical damage to the car, I would recommend that you consult with a NY personal injury lawyer for guidance. They might have just been taking photos and bothering you because they were annoyed, but that doesn’t mean they have any legal course of action.
Rose says
Car rear ended me while I was making a right turn on a red light. She apologized for hitting my car (nothing happen to her car/ she damaged my bumper) said she thought light was green gave me her phone number and DL since she didn’t have her insurance info at the moment. She agreed to pay me cash, after I gave her the quote via text she told me to run it through the insurance company and gave me the info. I filled the claim and two months later the insurance denies the claim saying their driver is saying she never hit my car!!!
Ian Pisarcik says
Rose,
Sorry this happened to you. Unfortunately, at-fault drivers sometimes lie to insurance companies. This is one reason it’s always a good idea to contact the police after an accident. At this point, you’ll have to appeal the decision (be sure to provide any proof you have that the accident was the other driver’s fault). 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.
카지노사이트 says
Your blog looks great.
Ian Pisarcik says
Thanks for the comment!
ISEULAOLEMOANA95 says
I got in an “accident” today. Why the quotation marks? Because while I was backing up from a parked spot, I saw the car coming but she was at a very good distance for me to be able to pull out taking my time AND FOR HER TO SEE ME PULLING OUT! I was PRACTICALLY A HALF INCH away from being completely out of the parking spot I was in so YES my ENTIRE CAR was IN A PERFECTLY OBVIOUS VIEW for her to SEE & STOP, WAAYYY BEFORE I hit her! But for some odd reason she still decided to keep going! 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??? I dont got the money to pay for that shit! (The dent on HER car) SHE SAID SHE WAS “SO SORRY” and that its “OKAY” so I just left no complaints. I got her license plate and damage photos. And mine. Would I be seen as a “FLED THE SCENE” if she submitted ME at fault? I’m 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. They know about this incident, should I be worried? And report a police report for the accident?
Ian Pisarcik says
You’re required to stop at the scene (which you did) and exchange your contact information. Obviously, you can’t exchange information if the other driver does not want your information. So to answer your question: No. You did not “flee the scene.”
If the woman later decides to file an insurance claim or lawsuit against you, you’ll need to defend yourself. With this in mind, it’s not a bad idea to take photographs of all the damage (it sounds like you’ve already done this), contact any witnesses for statements, and see if there is security footage that would have caught the accident on tape.
As for whether you should report the accident to the police, Utah law is pretty simple. You need to file a vehicle accident report if anyone is injured, killed, or if you feel property damage is over $1,500 in value.
J says
I was in an accident. The light changed and I started to go. Another driver ran a red light and I hit him. He says I ran the red light. A homeless person ran up and said it was my fault. Bs.. I gave him my bosses insurance and he took off without giving me his. He gave the homeless person a ride away because his car literally ad a small cosmetic dent. No real damage.My van was un drivable because I did my best to avoid him. My bosses insurance is now saying they won’t cover me due to an issue from 2012 I believe. A suspension. I’m an independent contractor. I use my bosses equipment tools and vehicle. I have worked so hard to clean up my past. My license is valid with no restrictions etc. I can’t believe I’m in this position because someone is lying. There was a camera but I can’t find access to it anywhere on line. Can I get in any legal trouble or be sued?
Ian Pisarcik says
Based on the information you provided, it’s not clear to me why your insurance company will not cover the accident. It sounds like your insurance company is saying that you violated the terms of the policy and therefore aren’t covered. Your first step should be to make sure the reason the reason for the exclusion is legitimate.
With that being said, if you are at-fault for the accident and you are not insured, the other driver can sue you personally for the damages. You might consider filing a police report and gathering any evidence you can in preparation for a potential lawsuit.
RobRoy says
My car was legally parked and hit by another car. The police were on the scene. The at-fault driver was taken away by ambulance.
I was able to get the name and phone number of the driver from her sister. I took a dozen pictures thereby visually preserving the scene and the cars’ positions and damages.
The driver was contacted by my insurance and she has not / will not report her role in the accident to her insurance.
My insurance has been trying to contact her’s – no one answers and there’s no call back/ leave message option, Hence, my total loss will be covered by my insurance for her having no provable insurance. They will continue to call her insurance to recoup their losses.
I’m considering suing her in civil court for damages ($2,997). These are the costs of auto repairs – water pump, timing belt, alterator, rear brakes, rotors and calipers – made three months prior to the accident.
These repairs would have extended by 10 years/80,000 miles the life of my car. She has made unrecoverable my investment in it.
My insurance company does not consider my out-of-pocket pre-accident maintenance expenses in their payout, but a court could (given her behavior). She may not choose to appear in court, granting me the settlement without contest.
Your thoughts?
Thank you.
Coll says
Hello while I was I was at a stop sign I bump into a guy we stopped I said sorry . He was cursing and all I stayed calmed there were not scratch or damaged I didn’t even felt I hit him until I look at the front . He asked my ID and insurance but for safety reason I told him no. Call the cops and I will give it to them so he did . He told me :they said to park at the Panera “I follow him then all of a sudden he disappeared on me because he was driving fast ,I came to that place he wasn’t there and I said May b he meant the other Panera so I went there and waited no police came so I went home but I still report after I went home . They told me police came but nobody was there there were no report .I asked what should I do then cause I don’t want no trouble the lady said nothing there were no report. I’m not sure if the guy took my license so I’m asking what could happen?
Thank you.
Val says
I was in an accident on September 1st, 2021. The accident occurred at a one-stop intersection. The other driver had the stop sign while I did not. the driver with the stop sign was making a left turn into my street, and I could not stop in time and our cars collided. At the time, I was very overwhelmed and didn’t know exactly what to do. I initially asked the driver for his license registration and insurance so that we may call the police and have the accident handled by the insurance company. 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. Looking back, I realize that I was very ignorant in accepting this offer, and I should have called the police right away. Unfortunately, I did not.
The driver of the at-fault vehicle brought me to a shop where we explained the accident to the mechanic and the at-fault driver said he would cover the cost. The mechanic, at-fault driver, and I all agreed to these terms, and so my vehicle was supposed to be fixed within the next few days. Photos were taken of my car where the accident had occurred, and I was told that they would be changing the fender, bumper, and headlights. I believe one of the mechanics still has the photos on his phone.
I had not heard from the auto body shop, or the at-fault driver for a few days, and so I gave them a call to see what was going on. 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. 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 had not heard back from the mechanic and so I decided to call them. The mechanic there told me that they had been unable to contact the at-fault driver. After this, I asked to see if there was any way they could give me the name, number, or any form of identification of the at-fault driver, so that I can attempt to contact him myself, and they said they did not have that information, all they knew was that the at-fault driver was referred to as Jerry. Now, I don’t know what to do next, the only information I have about the at-fault driver is his license plate and vehicle information (which his registration expired in 2018).
Bernardo Vicario says
Don’t allow anybody to drive your car…
Shirley says
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 haven’t picked my truck up to pay me off on it
ALICIA says
I was involved in a hit-and-run. The other driver hit my car from behind and took off. 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. The woman stopped the car and I verbally expressed that she hit my car and that I wanted to exchange information. She then took off again. The police located the driver within minutes and requested that I meet the officers. The officer met with me away from the driver that hit my car. I could see the driver’c car about 50ft from where the officer and I were standing. The officer expressed that “she’s an older white woman that was scared” and that was why she refused to stop. The officers never cited the accident as a hit-and-run. 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. It is now her word against mine and she is denying liability.
Victor melendez says
I was in a minor traffic accident.police was not contacted there’s no police report..and me and the other driver are not going to sue each other..can an insurance company hold that against me
ACR says
Over 2 years ago, my husband was in a minor accident (i.e. minimal damage and both him and the other driver drove home from the scene). There was not enough evidence to support either side and neither my husband nor the other driver were cited for the accident. It was not my husband’s fault, but despite that, the other drive filed a claim with our insurance company immediately after, citing that it was my husband’s fault. Because my husband wasn’t found at fault for the accident per the police report (and the other driver only had state minimum liability insurance), our insurance company denied his claim and the claim was closed. We also found out that HIS insurance company also denied his claim with them directly because he only had liability insurance.
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. The small claims form that he filed with the court says:
“MR.*my name* negligently drove HIS car into mine. Police report attached.”
First of all, the other driver CLEARLY didn’t 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, I’m a woman) as the owner of the vehicle (my husband and I weren’t 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! I wasn’t even present at the scene of the accident! Wasn’t in the car, nothing. As a matter of fact, I was working from home and had no idea and didn’t even find out about the accident until my husband got home in the evening.
On the police report, there is a section for “owner” and another section for “motorist” (obviously because not every person that gets into an accident is the owner of the vehicle they’re driving) and it very clearly has my husband’s name as the motorist/driver, not me.
Will the judge close the case against me if I explain this in court? I mean, this is totally falsely accusing me of something I did not do. I didn’t drive anything into anything, because I WASN’T THERE! I could see if he said “someone driving her vehicle got into an accident with me”, but that’s not the case. It came to me directly via certified mail with my name all over it, citing that I personally was the one who was driving and caused damage.
Makes me so upset and I’ve been having anxiety over this and what to say in court. Like “good morning your honor. First of all, I’m not a he and second of all, I wasn’t there and wasn’t driving”.
Any advice is helpful. I’m just so worried.
Lilly says
my husband was hit on the driver side by a car that sped through a red light and also didn’t have on headlights, when I got to the scene both cars were totaled. There was a cop on the scene taking pictures getting names and statements by witnesses who also said the other driver was at fault. my husband thank god was not hurt but he was shaking up pretty badly. while I was consoling my husband and taking pictures of my own the police officer left the scene without giving me a report number. Now that our insurances are battling it out I’m without a police report, when I go to the police district nearby there is no accident or police report on file. I don’t know what to do since the police report is key in this accident, the other driver was at fault and now i’m without a car. Is it possible that we can still win this case without the police report. it seems like our insurance doesn’t want to move forward without it
Melissa Gold says
Hi, Lilly. I am sorry that happened to your husband, and I’m glad to hear that he was uninjured. If there was an officer on the scene, there should be a police report. Is it possible that perhaps it was a different agency than the one you’re contacting? In other words, could the report have been filed by the state police instead of the municipal police department? If you can’t track down the police report yourself, I’d suggest calling a personal injury lawyer. Your lawyer will be familiar with the system, know how to acquire documents, and can also negotiate with the insurance company. You can find a Pennsylvania lawyer in the Enjuris directory: https://www.enjuris.com/directory/lawyers/pennsylvania/. Best of luck!
Melissa Gold says
Hello, there. I’m sorry you’re in this situation. The best thing you could do is probably to look for a lawyer who can review the evidence from the accident 2 years ago, plus whatever documents you received recently in your own name. For one thing, the statute of limitations in Ohio is 2 years for a personal injury/car accident. If the accident happened more than 2 years ago, this all could be moot because it’s past the deadline for someone to file a lawsuit against you. Second, insurance normally follows the vehicle, not the driver. So, if you were not married at the time of the accident, your name isn’t on the title or registration of the vehicle, and you were not on your now-husband’s insurance at the time, it seems like there would be no way for you to be named in this lawsuit.
It definitely seems like you should contact a lawyer, though. You don’t want to ignore it, but a lawyer can tell you how to proceed to dismiss the lawsuit if the statute of limitations has passed. If you need an Ohio lawyer, you can check the Enjuris law firm directory: https://www.enjuris.com/directory/lawyers/ohio/. Best of luck — I hope this is resolved quickly!
John doe says
I backed into a car at a friend’s 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
Ian Pisarcik says
Generally speaking, if there’s no insurance claim or record of the car accident, the insurance company will not raise your premiums. Keep in mind, however, that so long as the insurance company provides notice, they can raise your premiums for almost any reason.
R.T says
Hi i have a family member who was in a menor accident and they did not want to call the police but they gave their license and got their number. The other car parked behind my cousins car in a no parking zone and now they are wanting 1000 to fix the small dent and are calling every hour for the money. They even are getting people that where not involved in the accident by goin to their job. What should I do about it really needing help on what to do they are not corporateing with the agreement that we had.
Lencho says
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. The person who hit me came on the wrong side of the road and got arrested for possession of controlled substance. That’s all I know about the other party. I contacted the police and gave them date location and time of accident and they have the report on file but they have the motorcycle driver as unknown and I understand why. I tried to make a report but I ran into complications the motorcycle is not mine a friend bought it and ask me to drive it home since he didn’t know how to ride a motorcycle yet. 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 don’t want to take my report or give me any information about the other patty since I don’t have a current registration with the current owners name and it’s been in the impound over 30 days so it’s gone what can I do to get the other parties information I suffered broken ribs and foot.
jennifer says
I was in a car crash last december and just received court papers that i’m being sued. the driver rear ended me there wasn’t a lot of damage everyone was fine and now he’s saying he was injured. the day of the accident we took pictures of how he was carrying boxes out of his car like if nothing can that turn out to be helpful? Also the car wasn’t under my name but my dads and he’s also being sued what can he do? I was scared and panicking since it was my first car crash and said that it was my fault when in reality it wasn’t but he was smart enough to record everything.
Melissa Gold says
Hello, Jennifer. I am sorry to hear that you were involved in an accident. Some car accident injuries might not be noticeable immediately but the injured person could experience symptoms days or even weeks later. Also, it’s possible that his injuries are unrelated to his carrying boxes (a head or neck injury, for instance). Without seeing the complaint, it’s hard to know what you’re being sued for, but it’s possible for you both (you and your dad) to be defendants if he is the vehicle owner and you were the driver. Your best bet is probably to call a California accident lawyer for advice on how to proceed in defending the lawsuit. Good luck!
Bailey T. says
My 24 year old niece, who lives in New Jersey, bought a 2017 Nissan Rogue that she makes monthly payments on. Her stepfather had his very large family come over for his birthday BBQ in July, 2020. His brother’s were drinking hard alcohol all day and right before it was over, about a handful of people were yelling, fighting and someone called the police because it was so late. The cops came and said they either go inside or leave because of how loud and drunk everyone was. 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. When his one brother left it was late and everyone that was still there were inside. When his brother left he hit my niece’s car but never said anything to anyone about it. 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 didn’t see it and when she’s done working it’s dark out so she never noticed until next day. 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. She went and filed a police report, so it was documented since she wasn’t parked close enough to the camera’s, the cops said it’s going to be tough since it’s a hospital parking lot and so many people aren’t even from around here that come and go so the chances of finding the person that hit her is pretty much slim to none. Yesterday her stepfather told her that his brother was the one that hit her car and my niece knew all his brother’s were drinking all day. When he told her that his brother hit her car, he said he’d give her his brothers number and she can handle it. She doesn’t think his brother has a license either. but wasn’t 100% sure because she just met him at the BBQ. Is there anything she can do since #1-It’s been over a year? #2-He has no permanent address and cell number she was given is no longer in service #3 “supposedly” her stepfather has no clue where his brother is. She really wants it fixed since her car is white and the paint marks are blue. She hadn’t had the car long when it was hit. and she’ll be paying it off for awhile yet. Can her stepfather be subpoenaed since he was the one that told her it was his brother or can they subpoena the cops who responded to her house late that night and saw the state of mind some of them were in? Please help me help my niece!!
Katy says
Any news? I have the same issue
Joy says
I had just turned a corner and a woman jumped in front of my car waving her arms. I hit her and she went down on the pavement, got up and fell into some bushes. I stopped and called 911. While I was talking to them the woman left. She had to be injured as she took off the back of my mirror on the passenger side.
The police came after about an hour. They looked for the woman and couldn’t find her or anyone who how’d seen the accident. They told me they wouldn’t file a report unless the woman called.
I would like the insurance company to take care of the damage to my car. Should I call and report the accident to them? I am from FL. The accident happened in NC.
Brian Guidry says
I was in an accident that had no report when I was 9 years old and I am 39.
I am bleeding right now and have the pictures or whatever you use to claim that this is not current.
All lawyers and police use excuses, and I am bleeding under my feet from this.
How is it not related?
Dan Berg says
This is not even in sync.
Ann says
You hear all kinds of excuses but no action only words, people’s minds are not trained or they do not have enough understanding to know, to solve a problem, it is all excuses for something. They think it ain’t gonna matter anyway. They feel the need to be different when you are already different. They have it prepared like it will help them and that is all that matters to them.
Ginny says
I live in Florida which is a “no-fault” state. I was in a minor fender bender, their fault, but she sued my insurance for $10,000 because she claimed she had been hurt after she sat there the entire time claiming that she wasn’t hurt! A cop did show up finally, no report was written and the entire time she told the cop that she wasn’t hurt! The cop told us that if neither of us was hurt then there was no need for a report! But then the lady turned around and claimed that she was!
My biggest issue is this: My insurance went up claiming I was at fault! How can my insurance say this when there was no report written and Florida is a no-fault state? Is it because she was able to sue my insurance claiming she was injured?