That doesnt mean she cant file a lawsuit or small claims action, though. I wanted to report it but she said that she was not worried about it and that she didnt want to report it. The hood latch malfunctioned and the hood flew up but did not detatch from the car. That was back in Sept 2017 more than a year ago. The police were not called, but information was taken by a campus security officer. The other good news for you is that most personal injury lawyers dont collect their fee up front. They can file a lawsuit alleging that you caused the stated damages. i was not at fault. 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. The day after I got an estimate amd sent it to him, but he did no respond. She told him he was lying . Tell us were you in an accident that didnt have a police report? The police didnt take no one statement. Thank you. If you have any questions or want to get started on your case, contact us today for a free consultation. There was definitely no cracks or dents, etc. If you feel that the settlement offered by your insurance isnt covering your costs completely, you should not accept a lesser settlement. Hello I was in a car accident a week ago and my insurance just now contacting me about a claim that was filed. I hit one of the cars in the parking lot by the side and scratched the fender and the door. 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). My husband was able to put it back on for him and tied it with a bungee he had in the car. & 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. Fast forward four weeks, The officer in question had another officer that works day shift to go to my place of employment twice yesterday. Instagram Dress-maker-Atlanta. The police came and asked if anybody got heart and we both said we were fine. After the credibility and strength of your case are weighed by your lawyer, settling with insurers may be the best option to receive the compensation you deserve. She told me at 1st just her door was damaged. Once I got home the police pulled up right behind me. So he said well Ill get back in touch with you. Filling in information or guessing on details can provide a false picture of what happened and be used against you to show that youre not a reliable witness to speak to. Its not too late to inform the insurance company if you think the other driver may have been at fault. She had to be injured as she took off the back of my mirror on the passenger side. 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. 2023 All Rights Reserved. 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. Not informing the police after the accident He threatened that my license will be taken away if I do not pay it. How bad will this affect my driving record? 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. The physical evidence from the accident will also play an important role in determining fault. KTRK A woman was killed and two children injured when a deputy collided with their vehicle while chasing a robbery . Youre free to use the Enjuris law firm directory to find a lawyer near you. The accident still happened regardless of whether or not theres a police report of it. Try to get shots of both cars and the accident scene from as many angles as possible before you leave the scene. I would recommend speaking to an attorney. I was in an accident after a driver merged with no blinker last minute in a construction zone. The "He Said, She Said" Dilemma. You were in a car accident and the other driver convinced you not to exchange insurance information. If a vehicle cannot move on its own and must be towed away from the scene. My husband was in a small fender bender about a year ago. The guy in front of me backed into me. I do not have the money to pay the full amount in the demand note sent to me by my insurance company received from the the other drivers lawyer. This is a classic he said, she said situation, which can prove to be quite complicated until liability can be determined. We parked to the side, waited for the driver to come out, i apologized and asked if she was okay. You can use our free online directory to locate an attorney near you. Sorry this happened to you. I dont want to be sued if the insurance does not pay out. He looked ad saw a car coming from further that did not appear to be stopping. But who knows. If you win your case or reach a settlement, you will pay your lawyer a percentage of the money you receive. Each driver's history. All you can do is hang tight. However, you dont NEED a police report to file an insurance claim or a lawsuit. However, you dont want to ignore the letter in case its putting you on notice that youre going to be named as a defendant in a lawsuit. So I filed a claim with his insurance company and the agent said they need to speak to him about the incident to move forward with the next step. I assured her that he was in fault but offered to pay half anyway. I would recommend speaking to an attorney in your area. Explain that you were not at fault for the accident and provide them with the name of the trucking company. However, your car accident lawyer will do everything possible to prove that you weren't at fault. It was a fender bender. Yes, the individual can certainly sue you if you ignore them. I was involved in a hit-and-run. If the accident happened more than 2 years ago, this all could be moot because its past the deadline for someone to file a lawsuit against you. She went and filed a police report, so it was documented since she wasnt parked close enough to the cameras, the cops said its going to be tough since its a hospital parking lot and so many people arent even from around here that come and go so the chances of finding the person that hit her is pretty much slim to none. If there was an officer on the scene, there should be a police report. Car Accident Police Report Template. What can i expect from this? But, theres a chance (particularly if the Honda was speeding) that the other driver was at fault, or at least partially at fault. This lady will have to prove that (a) you actually hit her car, and (b) she was injured as a result. Any advice? I asked him to contact me if he needed anything. Sometimes, the injured party doesnt realize the extent of the injury right away (they may realize later after examining the vehicle closer or taking it to a mechanic). In this case, you would either file an insurance claim with the insurance company for the supermarket, or sue the supermarket. He asked my ID and insurance but for safety reason I told him no. Additionally, your insurance company can go after the person who hit your car (and save you the trouble of doing it yourself). 1. The other driver filed on my insurance and is now claiming their rear fender and front tail light were also damaged. If you're dealing with a "he said, she said" situation, you'll probably need to hire a car accident lawyer. Take pictures of the debris from the cars, if there was any. Most initial consultations are free. What if there is a proof on a camera that I didnt hit him and drive off? I was able to get the name and phone number of the driver from her sister. She never sent me anything to respond to and didnt message me for weeks. Im here on behalf of my boyfriend, who received a rather interesting message this morning nearly two years after the incident described occurred. She gave her insurance information. Im at a loss on how to resolve this . The light changed and I started to go. This could potentially hurt your compensation and result in you getting less than full compensation. I encourage you to find a defense attorney to help you with your case. My suggestion is that you find a lawyer who is able to review the documents. 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. Call or text 412-661-1400 or complete a Free Case Evaluation form. Sorry youre in this situation! Bottom line these reports arent set in stone like the Ten Commandments. Video cameras (private and public) may show what happened in an accident. Theyll be able to tell you about your rights and defend a false claim. It was not my husbands fault, but despite that, the other drive filed a claim with our insurance company immediately after, citing that it was my husbands fault. What do I do now? My recommendation would be to meet with an attorney as soon as youre served with a complaint. As Im sure you know, its generally not a good idea to give someone money as part of a settlement without getting a signed agreement that the person will not sue or make a claim for additional damages. The officers never cited the accident as a hit-and-run. The officer was annoyed. It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. After a a month I explained I only work part time so I would need a year or two to pay her 3 grand. Even if there were no other witnesses, a lawsuit can be filed and recovery obtained in certain accident cases. Police report attached.. If he can provide a statement that there was no accident, that would help your case. You can only claim damages for a treatable injury. I was backing out of a parking space as a car drove into me. Thanks for sharing, Dorothy. Most initial consultations are free and you can use our free online directory to locate an attorney. Good to go. Now the driver is telling him he needs to be paid within 10 days or hell go to the police. How can my insurance say this when there was no report written and Florida is a no-fault state? 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. If the matter is urgent, get directly in touch with an attorney in your area, most offer free consultations. The woman stopped the car and I verbally expressed that she hit my car and that I wanted to exchange information. Well this lady tried to get in front of me but she wasnt fast enough and I hit her on the side door. They got my drivers license and insurance info. I would recommend reaching out to an attorney in your area. Dont worry, the lack of a police report doesnt hinder you from seeking damages. Since youre dealing with so many questions of fact, Id strongly suggest calling an attorney to help you work with your insurance company and also the other drivers insurance, if necessary. There was a cop on the scene taking pictures getting names and statements by witnesses who also said the other driver was at fault. We encourage you to speak with a personal injury attorney as soon as possible to minimize your liability as much as possible. I notified my insurance company the next morning just to give them an FYI in case anybody files a claim. You can speak with a lawyer to request a consultation. I can understand why this situation would be concerning. The other driver was from the neighboring state and just a bridge separates the 2. 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. My 24 year old niece, who lives in New Jersey, bought a 2017 Nissan Rogue that she makes monthly payments on. Hi my wife recently scratched an individuals car in the rear. However, they were adamant I hit them. I pulled out from the stop sign and was hit on my drivers side. Investigation has found that the two women left the hotel at 1.45 am, CCTV footage shows Nidhi driving and Anjali . I mentioned to him I felt a bump and that was it. I immediately questioned you called my phone?, what number did you call? He stated my correct number. Looking back, I realize that I was very ignorant in accepting this offer, and I should have called the police right away. Fortunately, the first consultation is often free in these cases, so you wont have to worry about cost. If the other driver is lying about the accident, we can help. According to the NYPD, drivers no longer need to call 911 to report car accidents that result in property damage only. In Pennsylvania, the law does not require the police to report minor car accidents. ), Lastly, heres our Personal Injury Attorney directory so you can find someone nearby: https://www.enjuris.com/directory/. So, when the physical evidence favors the plaintiff, the defense attorney will likely advise the defendant to make a generous settlement offer. A death. At the time I had no insurance, but she did. can anyone give me an advice for what im supposed to do. The guy was cutting thought the parking lot when he hit me, he was also speeding. The reason to file a lawsuit would be if your insurance company doesnt cover your claim (or doesnt cover the entire cost of your damages). Consider the Enjuris Personal Injury Law Firm Directory to find a lawyer near you. In most rear-end cases, the person who strikes the car in front of them is found at fault. My I would recommend talking with an attorney and bringing a copy of the notice you were sent. It was only one scratch on the rear bumper of his car. So they don't complete an accident report. I called 911 and it took them 25 mins to come by that time the driver had left. he had to walk all the way home, which is about 3miles from hospital. I gave him my information and came to a agreement on me paying him monthly. I would consider reaching out to your insurance company or an attorney in your area. When you say citation are you referring to the complaint for court? Thanks for reaching out. A taxi failed to make a complete stop at a stop sign and we T-bone. Please consider using the Enjuris law firm directory to find an attorney in your area who can help. They know about this incident, should I be worried? So my question is how can a door get damaged as bad as she claims if.if just my license plate came off. I have at fault drivers driver license. Or is this fightable? It might not be easy because so much time has passed, which means there will be little evidence (for either side) to prove what actually happened and what the damages were. I 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. Filed Under: Questions & Answers Tagged With: accident claim, Car Accidents, lawsuits, statute of limitations. I live in a no fault state. I was in Louisiana visiting and my daughters friend hit my car while it was parked with no occupants. We were in shock! Depending on the other circumstances of your accident, the grocery store may even have some liability. Thank you very much! The fact that you didnt file a police report is unlikely to harm your case (especially since you called 911). Unfortunately, car accident reports may provide some clarity on what happened. The challenge will be identifying the responsible officer. Id suggest calling the local police department (or whatever agency responded to the scene) to inquire about a report. He didnt even try. Lawyers are trained to help gather the evidence you'll need to support your version of events, negotiate with insurance adjusters, and advocate for you in court if you end up there. 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. How do I know what damage this person inflicted on their vehicle after the fact? He never filled a police report and we really dont have any evidence that this is what happened. I am being charged with a DUI. I will have to pay out of pocket for physio and massage therapy. There are no scratches to my sons car roof or any cracked windshield that I would expect from a flying hood. Regardless, youre able to sue the negligent party (whether its your friend or the other driver) for your injuries. In addition to providing valuable information and legal advice, our auto accident attorneys can help protect your rights and prevent your statements to the police and insurance companies from being used against you. She keeps asking for me to pay her. Some injuries dont show symptoms until days later. Officers will usually help you file a report after an accident. Well now he is telling the insurance company that they have the wrong number and telling me they havent called him. However, it CAN be used against you if you appeared in front of a judge with respect to the ticket. Furthermore, the police are only required to forward a report to the director of public safety when there is a death, injury, or more than $1,000 in property damage. Does he have the right to change his mind. (2) File a claim with YOUR OWN car insurance company. Your lawyer will be familiar with the system, know how to acquire documents, and can also negotiate with the insurance company. She didnt want to call the police and file a report. What happens next? The side of the road has gravel and debris so there wasnt any tire marks. In addition, I would continue to call the police if he shows up at your house. Get started with a. Every aspect of the crash that proves the other driver responsible should be shared in the police report. However, individuals who feel threatened or cannot move their vehicle may still call 911 for assistance. Thank you!! My insurance has been trying to contact hers no one answers and theres no call back/ leave message option, Hence, my total loss will be covered by my insurance for her having no provable insurance. 3 hours go by and Im able to get into my car, hes left and I call him. What should I do about it really needing help on what to do they are not corporateing with the agreement that we had. The police officer that hit him never stopped. He exchanged info with the other driver. 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. Im from NY but I was in CT when this happened. Nonreportable Car Accident. Whether an accident happens in a parking lot, an intersection, or on a highway, many people get in car collisions every day. The papers have my full name and address. 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. It's always in your best interest to do so. Im 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. As a matter of fact, I was working from home and had no idea and didnt even find out about the accident until my husband got home in the evening. Its always a good idea to file a police report so there is a record of the accident. My family member was hit, flew a few feet, 15 or so, some pedestrians moved him out of the road and called ambulance. We just drove into our respective neighborhoods. 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. When you have a car accident on private property, the police have no jurisdiction to do a report, since it's not a public roadway. Best of luck be careful out there and make sure to get your insurance! 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. Her car has major damage as she hit his tow hitch. 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. 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