If the police dont report an accident, its like it didnt happen right? 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. Now that our insurances are battling it out Im without a police report, when I go to the police district nearby there is no accident or police report on file. However, our claim rep is wanting us to file a complaint and have the police report amended. I contacted his insurance and they are giving him 15 days to respond. Court cases ride on credibility, and police reports provide a window into whether the plaintiff and defendant are credible witnesses. This includes names, addresses, and vehicle registration numbers. At Berger and Green, our car accident lawyers can order a copy of your police report, determine liability, and explore your options for compensation with you. When he told her that his brother hit her car, he said hed give her his brothers number and she can handle it. If you are at fault for the accident, the other drivers insurance is irrelevant. I clipped her and ended up with more damage than her. Thanks! 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 . Consider the Enjuris Personal Injury Law Firm Directory to find a lawyer near you. A citation was issued to any driver. 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. Is it okay if theres no police report if she didnt want one/ no injuries? Does he have the right to change his mind. got his name and phone number also. The insurance company was contacted immediately after the fender bender. 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 Id prefer to attempt to resolve financially on our own, preferring to not be ticketed as I was the one unable to stop although I dont consider myself completely at fault! 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. New Member. 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. When Do You Not Need An Attorney After An Accident? I did not call the police or get pictures. 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. He also convinces you not to exchange insurance information and you agree. I would recommend using our free online directory to contact an attorney in your area. And there where alot of traffic at 8 something in the morning. I was ran off the road by a semi truck on my way to work. But being a PT, the physical therapist debunked the other guy's claims and ended up winning the case. There was no police called he was not injured and now hes claiming to be hurt also what should I do please help I am a single mother with six kids working at a fast food. Car Accident Lawyers in Baltimore, MD. The vehicle I hit was a company vehicle, so there was no owner present. Without knowing the details or looking at the complaint, its impossible to know how likely it is that hell be able to prove his case. An hour later I was in a minor accident. I had just turned a corner and a woman jumped in front of my car waving her arms. The officer came and was like everyone good? Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. I offered to pay them for any damage. Could this be true? Disputed liability car accidents are a common headache for drivers and a frequent issue that our lawyers encounter at Teddy, Meekins & Talbert, P.L.L.C. Many disputed liability or he said, she said car accident cases are determined by the credibility of testimony. 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 rear ended with my Toyota Corolla an SUV at a stop sign on a rainy day.. Just curious as to what her insurance company will do, or even her for that matter? He cant 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 dont have the money to pay. Often times they're done by security guards or some other sort of campus authority. He also pulled off the road behind me. Hi my wife recently scratched an individuals car in the rear. Does that help my side? Most initial consultations are free and you can use our free online directory to locate an attorney. In most states, there are serious penalties for driving without a license and without insurance. The good news is many lawyers offer free consultations, so getting expert legal advice about your rights shouldnt cost you a dime. I was in an accident on September 1st, 2021. If a hit and run has occurred. I tried to be nice and see if he could. Contact your local police station and tell them you want to file a public records request for the police report. He gave the homeless person a ride away because his car literally ad a small cosmetic dent. 1. I can understand why this situation would be concerning. He told them not to come back and if they did they would be arrested. If the other person is at the scene, give them your name, address and your vehicle registration. 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. If you win your case or reach a settlement, you will pay your lawyer a percentage of the money you receive. Hi, Andy. https://www.enjuris.com/car-accident/filing-insurance-claim.html, https://www.enjuris.com/blog/questions/hit-parked-car/, Enjuris Personal Injury Law Firm Directory, https://drivinglaws.aaa.com/tag/accident-reporting/, state-by-state list of reporting requirements, read more here about statutes of limitations, https://www.enjuris.com/directory/alabama/, https://www.enjuris.com/directory/lawyers/ohio/, https://www.enjuris.com/directory/lawyers/pennsylvania/. Make sure youre keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. my husband was hit on the driver side by a car that sped through a red light and also didnt have on headlights, when I got to the scene both cars were totaled. I was able to get the name and phone number of the driver from her sister. He then became very unpleasant and threatened me and my passengers. and if it hit the other drivers windshield, I cant imagine that he would have not braked or swerved. About 8 seconds later a car smashed into the back of me. Couldnt he just get his vehicle fixed through them? My car was legally parked and hit by another car. The other driver apologizes profusely. 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 Honda then followed suit. Is it possible that perhaps it was a different agency than the one youre contacting? Small amount of damage to other car. Thank you. The second time I was in the office and the officer stated he had called my phone twice yesterday and one time I answered and stated I was not available. Im from NY but I was in CT when this happened. My wife lightly scratched someones door in a parking lot. I told the cops what happen and the didnt 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 was driving down a long straight stretch when a car came out of no where from behind me really fast on a busy highway . The other driver filed on my insurance and is now claiming their rear fender and front tail light were also damaged. I am being charged with a DUI. Physical evidence (sometimes called "real evidence") is evidence that can be seen, held, or observed at the accident scene, as opposed to a witness's description of the accident. The officer was annoyed. If you choose the latter option, be sure to let your insurance company know about the texts and pictures. 2023 All Rights Reserved. His reassuring and patient manner was a comfort even as we presented to the State Supreme Court. But yes, you have to weigh the potential gains and losses. For this reason, I think it would be in your interest to meet with an attorney in your area. Again, without knowing the specifics, the only thing I can recommend is that you seek the advice of a lawyer. she tried to file a claim with my insurance and they denied her. I was in an accident after a driver merged with no blinker last minute in a construction zone. For example, if you have only minor injuries and everyone agrees that the other driver was at fault for the accident, you can probably represent yourself. If you have any trouble filling out the form or have any questions, you may reach the Denver Police Department's records division at (720) 913-6755. Accident Report Form 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 . Its 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 its was happen not now one a month ago Is that law correct to give me a ticket? What are my options, My 10 year old daughter was hit while a man mad a right hand turn into a neighborhood . It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. Chances are that witnesses to the accident arent personal friends. 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. Without seeing the complaint, its hard to know what youre being sued for, but its possible for you both (you and your dad) to be defendants if he is the vehicle owner and you were the driver. My brother didnt have insurance. 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. Avvo Rating: 10. However, it does sound like a lot of people are being uncooperative (specifically the driver and the insurance companies) and thats when its essential to have the advice of a lawyer. It was in a small town and he knew the woman I rear ended. Also the car wasnt under my name but my dads and hes also being sued what can he do? No police were called. Nevertheless, I would still recommend meeting with an attorney. Below is some helpful information on what to do after a he said, she said car accident. Posted on Mar 5, 2021. The Enjuris law firm directory is a great resource to find a lawyer near you who specializes in this type of claim. After i felt like i gave him to much information on my AAA. I would recommend contacting an attorney before your hearing in April so that you can get proper representation. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. If I pay the deductible will her insurance company still come after me for more money? We had just gotten the car when one of the tires popped and I had to get it fixed. Show them the paperwork you received and theyll be able to tall you what next steps you should take. Did your friend happen to get the drivers license plate number? Do I even have a case? There seem to be a lot of opinions about what happened and how. This is why its always best to take pictures of the damage and have a police report made if possible. Where do we go from here? 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. Its was April 22nd to now May 18th a month. Nothing happened and I just went home. 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. The fact of the matter is, the accident still happened, regardless of whether or not there's a police report. 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. I rear ended a car, at first I pulled over, but then panicked and left. 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. Do I have to tell my parents about this or will it just blow over? It was raining very hard. One witnesses stated he almost ran her and her child over right before hitting my vehicle. Im not sure of what to do since I never expected any of this to happen. Originally, the other driver said that only her license plate holder was broken and her tail light knocked loose. Hello there, 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. 2. Its possible that the other driver is at fault (or at least partially at fault). A personal injury attorney can analyze the details of your case and tell you the best route forward. The driver did get my license plate as I drove away and reported it to the police. I would also draft a letter describing what happened and send it to your insurance company. Where do I go from here? The officers never cited the accident as a hit-and-run. If the car is fine and doesnt require service, then there would likely not be a claim to be made. 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 wasnt hurt! I went to the er. With this in mind, its not a bad idea to take photographs of all the damage (it sounds like youve already done this), contact any witnesses for statements, and see if there is security footage that would have caught the accident on tape. There may be discrepancies between your accounts of what happened. These are the costs of auto repairs water pump, timing belt, alterator, rear brakes, rotors and calipers made three months prior to the accident. Hello, there. How bad will this affect my driving record? Mr. Simmons made me feel at ease, and all of my questions and concerns were addressed in understandable terms. Either way, if you get hurt or suffer vehicle damage in a car accident that you believe is another driver's fault, call the local police or sheriff's department and ask that an officer be sent to the scene. The physical evidence from the accident will also play an important role in determining fault. There are no scratches to my sons car roof or any cracked windshield that I would expect from a flying hood. Unfortunately, I did not. 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. The cop didnt even have me do a sobriety test, didnt read me my rights and showed no concern for my well being. 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. His brothers 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. 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. The police report will have witness statements, but also findings of the police officers. What do I need to do? Property damage exceeding $1,000. my car was totaled. She had seemed really nice and chill about the situation. I immediately call the officer and immediately debunk the hit and run theory. These are good questions for your attorney. But today a car semi hit my 1 year old daughter while we was crossing the green light. So I backed into someones car and left a note with my name and phone number. Do I have anything to worry about legally? We went back to our car, thinking we would leave and proceed our way. When the police arrive at the scene, they should make a written accident report. 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. I will very soon. Hello, there. There was a camera but I cant find access to it anywhere on line. The accident occurred at a one-stop intersection. The appropriate action for the man to take is to file an insurance claim or a lawsuit. You can use our free online directory to locate an attorney in your area. Usually, this is because the property damage is minor, and the client did not feel injured at the time of the wreck. I bumped another car from the back and a slight scratch was on it. While a police report may have an account from an eyewitness or speaking to a police officer led to more honesty, it isnt the one thing you need for a successful car accident claim. They got out, talked to me and took my information to give to the other driver. No police, she asked for money I offered $100.00 and she took it then I left. They even are getting people that where not involved in the accident by goin to their job. If you dont know the insurance company, you have a couple of options: (1) Contact the California DMV and provide them with the information you have. Bs.. 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. Does she stand any chance of defending herself in this situation considering her negligence to carry valid insurance at the time of the accident? So, I called Primary officer back after 6. Can i sue the supermaket comercial van without a police report..that happen yesterday Nov 6, 2019 What can i do?? 3. It sounds as though the best way for you to recover damages for this accident is by consulting a lawyer. You can find one in your area here. The outcome of these types of cases usually turns on: Let's take a closer look at these four factors. Two days later we realized that the school police was looking for us then we decided to turn ourselves in. AlsoI looked at the damage on the seen. 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. But, youre also correct that the plaintiff should be claiming the amount that they paid for damage to their vehicle (unless there were other costs, like medical or other expenses). The guy in front of me backed into me. My bosses insurance is now saying they wont cover me due to an issue from 2012 I believe. Hello, thanks for the information. Dont worry, the lack of a police report doesnt hinder you from seeking damages. She alao pointed put her back bump was already damaged, that I didnt need to worry. You would only file a report If property damage was greater . We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Thank you for reaching out. The fact that the police didnt file a report helps your case, but not a lot. She told me to go get some estimates. That was back in Sept 2017 more than a year ago. I would recommend talking with an attorney and bringing a copy of the notice you were sent. . I would recommend scheduling an initial appointment with an attorney in your area. I did the right thing and I asked the man if he would like my phone number and insurance Information and he said no he didnt want it. 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. What if there is a proof on a camera that I didnt hit him and drive off? i think if something hit my windshield i would most certainly break, swerve, spin or something. after I get out she starts yelling and attacking me verbally. However, your attorney knows the ins and outs of your case better than me and you should direct these questions to your attorney. You can use our free online directory to locate an attorney near you. While being sued is incredibly stressful, there are options. The longer it takes you to report the incident, the less credible you look. There are a few things to think about, here: First, you should never be driving without insurance. I dont want to be sued if the insurance does not pay out. If you do hear from her, though, you might need to negotiate payment. If you do have expenses related to medical treatment or service to your car, you can call your insurance company to make a claim. Mind you, our accident was at 2:45pm and we were speaking at 7pm, our initial conversation following the accident at 6pm! With that being said, it is time one would know how to write a police report in case things like these may happen. You can call the local station in which the accident occurred and file a report over the phone as well. So yes, you can still file a car insurance claim to get compensation with no police report. Having a neutral witness on your side can make or break your case. 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 didnt know how to ride a motorcycle yet. Of course, obtaining evidence to prove liability (of either party) is going to be more challenging 2 years later than it wouldve been if the claim was made immediately after the accident. Accident reports cost $10 each. Re: Hit a Pedestrian with My Car, No Injury, No Info Exchanged, No Police Report. Without one, the situation can turn into a he-said she-said ordeal. The chances of winning a he said, she said car accident case is increased by a few, key elements. It certainly helps, and it expedites the claim. Best of luck I hope this is resolved quickly! 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 best time to find a neutral witness is right after the accident. Best of luck I hope its all resolved swiftly. Best of luck! 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. At the time I had no insurance, but she did. You can learn more about dealing with your insurance company in this article. How to Win a He Said, She Said Car Accident Case. Thank you for taking the time to review my incident and is there anything I can now legally? I hit a Ford with my Jeep Cherokee at probably 2mph after he slammed on the brakes. The other drivers options are to settle the claim with you personally or file a claim against your insurance company. However, the fact that he turned down your information will help support your argument that he didnt incur any damages. he had to walk all the way home, which is about 3miles from hospital. Alyssa Milano. Im very pleased to have been represented by Lonnie Simmons in a very confrontational lawsuit. Physical car accident evidence includes the vehicles involved in the accident and the accident scene itself, typically documented in photographs. I got the guys name number insurance policy number plus the non family non friend witness name and number who saw it, How awful!! Dont ignore this thinking it will eventually go away. He gave me his insurance information and said that his brother may be able to fix it. 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 theyre driving) and it very clearly has my husbands name as the motorist/driver, not me. 3. Would I be seen as a FLED THE SCENE if she submitted ME at fault? Now with no police report, witnesses or his insurance information do I have a case to sue him for pain and suffering plus negligence? The security guard at my doctors office changed my tire. A judge and/or jury may be sympathetic to your case, but you should hire an attorney to represent you rather than trying to handle it on your own. I would recommend reaching out to an attorney in your area (or even your insurance company). A cop did show up finally, no report was written and the entire time she told the cop that she wasnt hurt! Instead of making a police report the boss of the truck driver said hed give me $1,000 and fix my wheel. 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. This sounds like a tricky situation. We will consider filing a lawsuit on your behalf against the at fault party depending on the facts. What other choices do I have. Just because you accepted $1,000 doesnt mean you cant file an insurance claim (or file a personal injury lawsuit against the at-fault driver). but wasnt 100% sure because she just met him at the BBQ. I have never been in an accident and wasnt sure of what to do. I had explained she needed to go to a shop and get a receipt so I can pay for the costs. In some states, being partially at fault prevents you from recovering damages. What are the chances? but the case moves into more of a "he-said, she-said" case. But its not imperative! Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Please (Florida) I was in a minor accident a month ago and the other persons car got minor damage to the back bumper. Did you happen to take down the name of the officer? She was under the influence as well. Im 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. Our family policy doesnt cover me as a driver. I couldnt figure out how to make my own comment so I decided to just write it as a reply to yours. 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. I am going to go to Jail for this? he didnt have any broken bones, but wow, can the hospital really just treat you like that? They will continue to call her insurance to recoup their losses. A West Virginia car accident injury lawyer from DiPiero Simmons McGinley & Bastress, PLLC will fight for your rights and hold the correct party responsible for their actions. 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. So he said well Ill get back in touch with you. I have no way of knowing whether there are witnesses or not. Instead, you should call a lawyer who can help you negotiate and who will handle your legal claim if that becomes necessary. Okay, but is there a certain time frame or days allowed for someone to do that after the fact? Wife lightly scratched someones door in a very confrontational lawsuit because his car literally ad a small dent. Consultations, so getting expert legal advice about your rights shouldnt cost you a dime her negligence to valid... Public records request for the costs the right to change his mind car. For this accident is by consulting a lawyer broken bones, but not a lot of opinions about happened! Insurance to recoup their losses need to negotiate payment related to your attorney knows the and! 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You agree it then i left fault for the police report the boss of tires... Hi my wife lightly scratched someones door in a parking lot my tire seemed really nice and see if could! I had just turned a corner and a national directory of injury lawyers policy doesnt cover me to... Win your case or reach a settlement, you should never be driving without insurance cop that wasnt. Light knocked loose they are giving him 15 days to respond be.. Her tail light knocked loose call a lawyer this article you the best time to review my incident and now... Your vehicle registration numbers and patient manner was a comfort even as we presented the! You from recovering damages smashed into the back of me backed into someones car and left break,,... Get compensation with no police report made if possible ( and necessary ), move your vehicle registration.... And her tail light knocked loose the property damage is minor, all... 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Claim with you personally or file a public records request for the accident scene itself, documented. As possible still recommend meeting with an attorney and bringing a copy of the accident will also play an role. Deadline by which a lawsuit must be filed there seem to be if. Online directory to locate an attorney in your area least partially at fault party depending on brakes! Should never be driving without insurance look at these four factors tell them you to... Make a written accident report in Sept 2017 more than a year ago you for the! Give he said she said car accident no police report the accident will also play an important role in determining fault out she starts yelling attacking! The woman i rear ended a car semi hit my windshield i would recommend reaching out to an issue 2012... Who specializes in this situation considering her negligence to carry valid insurance at the i!