When you hire a lawyer, youll need to discuss what their percentage will be (often its around 33%) and if they do have up-front expenses. They told me police came but nobody was there there were no report .I asked what should I do then cause I dont want no trouble the lady said nothing there were no report. Im waiting for them to give me an estimate but either way they still wont give me their insurance Im thinking maybe they dont have any. Its probably best if you dont provide her with your insurance information, as another accident could have occurred in the 2 months that passed. 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. No one is defending the fact the malfunction equipment is our fault. If you have evidence that indicates that the other party was at fault, I would provide it to the insurance company. Since one second i was clear to turn and the next they were just there. In addition, the reason you do not . You can tell yourself that all you want, but unfortunately, that doesnt make it true. can i be sued? I didnt believe I was injured at the time but over the next couple of days my back and neck were so tough and painful i couldnt turn or twist. I got hit by a car in LA and i lost consciousness. If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. I would also draft a letter describing what happened and send it to your insurance company. Let us know! If theres no evidence that you caused an accident 3 years ago, theres likely not much the person can do to pursue a claim. She is now putting in a claim what do I do. Im sorry that happened. 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 members driveway. I barely hit this ladys car. It sounds like your boyfriend was at-fault for the accident and therefore the innocent party certainly has a right to sue for damages. The officer met with me away from the driver that hit my car. I suggest you contact an accident attorney in your state to negotiate damages and defend your daughter in court. We had just gotten the car when one of the tires popped and I had to get it fixed. Does he have the right to change his mind. Problem is, I was never in an accident in June 2018. I filed a claim with his company and I have documented messages of our brief correspondence. Hi Im 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. Here are factors that may affect the believability: Witness statements after a car accident can be crucial. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. I have sonce then been having night mares as well as aches Thanks! he just darts back into the car before I can say much of anything else. She gave her insurance information. Jurors tend to believe the testimony of neutral car accident witnesses, as long as they are credible. If you wish to file a lawsuit instead (or you dont have the contact information for the at-fault driver), you should reach out to an attorney in your area. This sounds like a tricky situation. 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. I was pulling out and my front bumper by the drivers side scraped a mans pick up truck. If the police don't come to the scene, you can fill out a report at the local police station or DMV. I gasped and she said its from something else and not from the wreak BUT said her daughter (who has heart trouble and they had their dog in the car). They even are getting people that where not involved in the accident by goin to their job. Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. However, if she does, the court will ask her why she didnt file a report or an insurance claim when the accident first happened. But the other party may also say that you were partially responsible for the crash even if you werent. They got out, talked to me and took my information to give to the other driver. Any advice would. The person wasnt in the vehicle. My brother said he would pay the driver for the damage and the next day told my brother the damage was $2500. A cop did show up finally, no report was written and the entire time she told the cop that she wasnt hurt! I exchanged information like I was suppose to. My family is not one to sue, but I realize that my very life could have been taken in a flash. do you have any insight for me on what to do next or what are my chances in this matter. After an accident, people are shaken up. He even used his cellphone light to warn other drivers of the disabled car after the accident, police said. 2. I offered to pay them for any damage. But for some odd reason she still decided to keep going! What do I do? I had text him asking for pictures of the damages on his vehicle. Each driver's history. The guy promised to pay for the damage but said he was broke at the time. At this point, my suggestion would be to hang tight and see if they contact you or make a claim with your insurance company. I couldnt figure out how to make my own comment so I decided to just write it as a reply to yours. Hi, Andy. I have at fault drivers driver license. I am trying to write the defendant answer myself but it is tricky. Unfortunately, not all car accidents are straightforward. You also should take your car to be examined right away. Hiring a personal injury attorney is crucial in he-said-she-said Car Accident Dispute because they have the resources to investigate who was at fault and have the . In any type of personal injury case, the jury is likely to think that the person suing (the "plaintiff") and the person getting sued (the "defendant") are biased because they have a stake in how the case is decided. 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. The insurance company reached out amd he did not respond. However, if an accident results in property damage exceeding $1,000, an injury, or a fatality, according to Texas law, a police report must be filed. One witnesses stated he almost ran her and her child over right before hitting my vehicle. This is a nightmare!!! Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. Thats why its essential that you file a police report as soon as possible. She really wants it fixed since her car is white and the paint marks are blue. 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. If he is totally at fault, then that is why we purchase insurance. Hello, thanks for the information. Hi my wife recently scratched an individuals car in the rear. As for the police officer, your family member can certainly sue for damages. Did you or your insurance company reach some sort of settlement with the at-fault driver at the time? Filing a report isnt likely to help you in this situation. You may think youre feeling fine, when your body is masking what youre feeling. Two days later I am being notified that I had no coverage by Geico. Did you happen to take down the name of the officer? The most challenging part of your case will be proving that the other driver ran a red light and caused the accident. Thanks. Im sorry to hear youre in this situation. Alyssa Milano. Hello Felicia. 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. 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. I am 17 years old and 6 months ago i backed into a car who was driving behind me in parking lot. It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. Do I notify my insurance without making a claim (Nationwide)? How do I know what damage this person inflicted on their vehicle after the fact? Take pictures of the debris from the cars, if there was any. 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? Hi i had an accident in Chicago . It was a very small dent and i gave her my phone number so we could stay in contact and i took responsibility. I was not physically injured, but I am definitely emotionally rattled by this ordeal. The police didnt take no one statement. What can we do? What can we do we feel like we are being scammed for being nice people. They will be able to review your case and assess the likelihood of tracking down the negligent party. Some of the steps you can take to help yourself after a car accidentlike getting a copy of the police reportare steps that you can take on your own. Anyway, this couple was just adamant. 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. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. she tried to file a claim with my insurance and they denied her. He said the dent was made by turning into his parking lot. However my insurance company paid for the car damage, but they are reneging to pay the full personal damage. No cops were involved. As far as your dads car is concerned thats between you and your dad. Now I have texted about three times and no response. Hes worried sick about it. 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. Just like paying for gas, paying for insurance should be considered a cost of having or driving a car. Five Los Angeles County sheriff's recruits were critically injured Wednesday morning when a man driving a Honda CRV plowed into a large group during a training . Message. Unfortunately, I was involved in an accident. Thank you for taking the time to review my incident and is there anything I can now legally? Please advise me what happened at the end because my daughter is havi g the same isue Can I offer to pay out of pocket to his insurance company since I didnt get his phone number when they contact me? In other words, Im so glad you fared okay after the accident. A hit and run could be a criminal offense, and how its handled depends on what state youre in. In Texas, for example, if the collision leads to a fatality, serious injuries, property damage costing $1,000 or more, or damage to local government property, it is essential to file an accident report. I will very soon. Im stressed out on getting sued. Been two months, havent heard from him. The reason I am asking is the citation has to be served to the defendant. Website. The police came and asked if anybody got heart and we both said we were fine. Its a very helpful piece of evidence that provides a lot of useful testimony. If the plaintiff files a claim, the mechanics report can be obtained by your lawyer through the discovery process. The vehicle I hit was a company vehicle, so there was no owner present. Nothing on this site should be taken as legal advice. She got out ranting at me, looked at the back of her car, no damage, said its fine. If youre concerned that the vehicle owner is going to sue you for damages, your best bet is to contact a lawyer who can advise you based on the specific facts of the incident. Physical evidence and surveillance footage are also ways to prove liability that extend beyond disputed versions of the facts. 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. She may have gotten my license plate number. And how is it the driver behind never slammed on their breaks? The conversation ended when I wouldnt budge; to him saying well be prepared to get sued, you know we have your address! Im just so worried. 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. Decide whether the accident is the result of a rear-end collision or a left-hand turn. Good luck! Why wouldnt she have filed anything yet? If the other car didnt sustain any damage, the owner may not file a claim. I really think he was speaking on speaker phone and recording me, which is fine. No damage to their vehicle that they could see. Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing The "He Said, She Said" Dilemma. Its 8:30 am the following day and Ive heard nothing from him I have good insurance, but if I called them Id be only giving a first name, and I have zero documentation of the needed repairs to his vehicle. When the police arrive at the scene, they should make a written accident report. Based on what you described, it sounds like the pickup driver is either at fault or at least partially at fault. It preserves the accident scene in a bubble for drivers who werent thinking clearly after the accident or whose injuries were not immediately apparent. Please read! Theres a small scratch on my dads car but idk if that was already there. Over 2 years ago, my husband was in a minor accident (i.e. However, it is easy to become disoriented or confused in the moments after a crash. Hello, I was in an accident in July 2020. He was stuck in traffic 6 months ago on a 2 way street. Thanks for the comment. She gave me her phone number, and I immoderately report it to my insurance. The outcome of these types of cases usually turns on: Let's take a closer look at these four factors. There are a few things to think about, here: First, you should never be driving without insurance. Pleassssse help! Please feel free to use the Enjuris law firm directory to find a lawyer near you. Avvo Rating: 10. My car only got a slight scratch which I can easily fix on my own. The case was taken to the courts but they dropped it because of a discrepancy with how the ticket was written. My mini cooper burst into flames and my car was totaled. Why would she need my insurance card for an auto body shop? Also the car wasnt under my name but my dads and hes also being sued what can he do? Read more about Enjuris. This dude even went the extra mile and said he sustained a bad neck injury from the accident and tried showing X-rays to prove it. She slammed the brakes because she was speeding ame merged and cut into my stopping zone. They also said they took pics of my plates and they were gone by the time I was finished with work. Police said the woman has told them that she was not injured in the accident. What should I do about it really needing help on what to do they are not corporateing with the agreement that we had. Police werent called but I left my information. That said, all parties involved in an accident are still required to stop their vehicles and exchange information. Best of luck I hope this is resolved quickly! Every aspect of the crash that proves the other driver responsible should be shared in the police report. 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. A car accident police report usually contains the following: Details of the car accident, including the people, vehicles and property involved. Youre right that he might try to blame you for subsequent damages. If you need help locating an attorney, take a look at our free directory. 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. This report will likely include the officer's opinion as to the cause of . Does this mean he cant do anything after that? What they could do in this situation? Be proactive. Its possible that the other driver is at fault (or at least partially at fault). 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. If you cause any damage to someone's vehicle or property, no matter how minor, you should stop. Many states have laws that require drivers to inform local law enforcement (and sometimes the Department of Motor Vehicles) about car accidents involving injuries or property damage that exceeds a certain amount. Do I even have a case? Can I be charged with a hit and run since I did share my information? In most states, if you're involved in an accident, you have the option of filing an insurance claim or a car accident lawsuit against the driver who caused the accident. 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. 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? Its hard to offer specific suggestions without knowing all of the facts or the laws of your state. You can use the Enjuris law firm directory to find an attorney near you who can help. I was in a car accident in a mall parking lot. The police left with no report. The driver of the other car according to my insurance company did not have insurance at the time of accident. ??? 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. Everything happened so fast. While there are situations where its clear that you need to call 911, accidents where everyone seems fine may be a bit more confusing. You and the other driver or drivers involved are required to report these collisions immediately. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. You are required to notify the police if anyone is injured in your accident. No place immediately pullover so it took me about a mile the police showed up, then came back to me. She had seemed really nice and chill about the situation. We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! After i felt like i gave him to much information on my AAA. While I was gone she rear ended a few guys in a big SUV. I called him at 8:45pm and asked him for a copy of his insurance and a copy of the repair estimate. We have gone round and round with our insurance company and are getting no where. It is now her word against mine and she is denying liability. While you are not legally required to report a car accident to police if property damage is less than $1000, or if no one was killed or injured, it may still be a good idea to report your accident to the . This is clearly a situation where he sees and opportunity to profit. I would recommend speaking to an attorney in your area. 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. So they don't complete an accident report. From what youve written, its not clear how much damage there was or to whose car. Regardless, youll need to respond if she serves you with a complaint, otherwise you risk having a judgment entered against you. 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 thats not what my car did to it! We exchanged information and took pictures of the damages and she did not file a police report or contact insurance. Now the father of the owner is wanting me to pay for the damages that his daughter said were already there. Her BF came eventually and my fianc is worried about him bc he kept making comments. Okay, but is there a certain time frame or days allowed for someone to do that after the fact? 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. I called him back, he stated that he didnt 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. . They are serveal cameras out in the parking lot but he said it has to be court subpoena to view them. I really appreciate the advise provided here as I thought I was in the clear with no police report. Does the person have any reason to say something that wasn't true? Walk down the street in the direction the defendant came from and take pictures of the intersection, the traffic signs, and any skid marks in the street. Her vehicle was uninsured at the time. It sounds like you were likely at fault for the accident. Unfortunately, car accident reports may provide some clarity on what happened. 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. If you do reach a settlement, it may be wise to have her sign a release. This man should not have ever even gotten money for his car damages they should have just fixed his bumper and that is it . An hour later I was in a minor accident. Attorneys at Law. Please let me know what to do now. An attorney, take a look at our free directory when one of disabled! In your area me her phone number, and I have texted about three and... Thinking clearly after the accident scratched an individuals car in LA and I gave to... Came eventually and my car only got a slight scratch which I say... 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