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/. 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. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. I tried fixing it but I just ended up getting closer to the car. If the other party doesnt file a claim before the statute of limitations runs, theyll lose all of their negotiating power. Were ready to give you the help you need. A copy of the report costs $10 along with a $2 convenience fee; if purchased online, you will be provided with a download link that will remain active for 48 hours. I barely hit this ladys car. Before we both took off he told me hes going out of town for a couple days. We both decided to go through insurance for the accident and no one was injured. 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. I am 17 years old and 6 months ago i backed into a car who was driving behind me in parking lot. Since one second i was clear to turn and the next they were just there. Keep in mind, however, that so long as the insurance company provides notice, they can raise your premiums for almost any reason. Hello there, My husband, 2 granddaughters, and I was in the yard when a man and his young son cane riding by on motorcycles. 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. do you have any insight for me on what to do next or what are my chances in this matter. The car insurance claims process is usually quite straightforward; but sometimes you'll want legal counsel. The fact of the matter is, the accident still happened, regardless of whether or not there's a police report. It was so minor the police didnt even bother filing a report. Hi, Javier. Its difficult to know how you should handle this without all of the information. Any advice is helpful. Im in California. Thank you very much! Im thinking we need to get our own lawyer but have no money to do that. Best of luck I hope this is resolved quickly! 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. It sounds like you have a good case. 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. Also Im from NY and this happened in CT. Im pretty paranoid and Im hoping that this wont become a huge issue in the future. Court cases ride on credibility, and police reports provide a window into whether the plaintiff and defendant are credible witnesses. Thanks for sharing your story. You mentioned that the accident was a year ago but that you havent heard from the other driver in a while. Whats the chance of this happening. If the driver who hit you blames you for the accident but doesn't appear to be credible, a jury probably won't accept that driver's story. He really didnt seem to care. Instagram Dress-maker-Atlanta. My brother hit someones car the other day. They looked for the woman and couldnt find her or anyone who howd seen the accident. No damage with my truck and minor on her, she initiated that she doesnt want to call the police. can anyone give me an advice for what im supposed to do. Be nice. 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. Very small and no chipped/scratched paintthey looked like factory sensors or something. Its 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. Though it varies by state, the owner of the car generally has 2 or 3 years to file a claim. 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. Then the plaintiffs drove away like nothing happened to their vehicle, meanwhile my daughters car pouted on over to our driveway a block away. 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. Explain that you were not at fault for the accident and provide them with the name of the trucking company. If you don't have a camera or aren't physically able to take pictures because you were injured in the accident, have a friend or relative take pictures of the intersection and your car as soon as possiblecertainly before you get your car repaired. 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 sons statement? Im sorry youre in this situation. Unless he does either of those things, I wouldnt give him any money. 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). If you choose the latter option, be sure to let your insurance company know about the texts and pictures. And claims that my husband did not even try to slam on his breaks to stop his vehicle from hitting his car. 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. Some injuries dont show symptoms until days later. If you find that he needs a lawyer, you can find one in your state in the Enjuris law firm directory. He was cursing and all I stayed calmed there were not scratch or damaged I didnt even felt I hit him until I look at the front . She told me to go get some estimates. Police were not involved at all. Did you happen to take down the name of the officer? I really didnt 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 ??? A cop did show up finally, no report was written and the entire time she told the cop that she wasnt hurt! In some states, it is even required. In other states, your damage award is simply reduced by your percentage of fault. A situation which sometimes comes up in a car accident is a case of he said/she said. Hi, Haley. 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. Help? We cannot let this happen. Unfortunately, its not uncommon for plaintiffs to wait until the last minute. They are serveal cameras out in the parking lot but he said it has to be court subpoena to view them. Without a police report or insurance, its going to be difficult for your brother to have any defense if this person intends to hold him responsible for damages. My 24 year old niece, who lives in New Jersey, bought a 2017 Nissan Rogue that she makes monthly payments on. You might still be able to reach a settlement with the insurance company, and your lawyer can help negotiate that for you. Best of luck it sounds like youre trying to do the right thing! If that occurs, consider hiring an attorney of your own. Prior case results do not guarantee a similar outcome. So they don't complete an accident report. Your first step should be to make sure the reason the reason for the exclusion is legitimate. The Atlanta Police Department has suspended the response to non-injury crashes as a result of following social distancing guidelines due to COVID-19. Thank you for sharing your story, Laura. But, theres a chance (particularly if the Honda was speeding) that the other driver was at fault, or at least partially at fault. Hi my wife recently scratched an individuals car in the rear. 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?? We encourage you to speak with a personal injury attorney as soon as possible to minimize your liability as much as possible. Because my husband wasnt 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. A pick up truck that was behind him decided he didnt 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. 2. I dont know if im at the right place or not. Do I have to tell my parents about this or will it just blow over? Please please help. Be prepared that they might not many policies have strict time limits for when you need to report a claim and if its past that time, they might not cover it. Police said the autopsy found "no injury suggestive of sexual assault". The only damage to the other car was surface paint removed. Heres a breakdown of the reporting laws by state: https://drivinglaws.aaa.com/tag/accident-reporting/. Now Im being sued by that person claiming serious personal injuries, medical expenses, pain, suffering and inconvenience. after I get out she starts yelling and attacking me verbally. Hello, there. Many disputed liability or he said, she said car accident cases are determined by the credibility of testimony. Keep in mind that proving the other driver was at fault (particularly that he was intoxicated) may be challenging if the police report didnt indicate any problems. i rear ended with my Toyota Corolla an SUV at a stop sign on a rainy day.. Hes being very vague about what the injury is. Oh, and a PS to add to my question regarding possibly being wrongfully sued. We all got out to check damages then my friend and the car in front moved off to the side. No one is defending the fact the malfunction equipment is our fault. Keep in mind that jurors tend to give a lot of weight to a police officer's testimony. 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 dont reside in. The vehicle I hit was a company vehicle, so there was no owner present. Unfortunately, yes, you can be sued for any hit and run accident. He has this right until the statute of limitations runs (likely 2 or 3 years from the date it happened). Where do I go from here? In some states, being partially at fault prevents you from recovering damages. If the father of the owner continues to demand payment, I would talk to your insurance company or an attorney. I am in a no fault state NJ. 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. If I pay the deductible will her insurance company still come after me for more money? One man said Carfax and Autocheck.com both reported his car was damaged, costing him thousands of dollars in value. On a related note, its important to take photographs of both vehicles after an accident so that the other driver cant claim you caused damages that you didnt actually cause. He gave the homeless person a ride away because his car literally ad a small cosmetic dent. Thank you for reaching out. For this reason, I think it would be in your interest to meet with an attorney in your area. They say I have to wait to see what the outcome of his court hearing is, but he has missed 3 court dates already. And the driver in front of me hit his breaks I hit mines and my vehicle sled and hit the back of his car there was no damage done to my vehicle nor his and now hes trying to sue saying I damage his dashboard because he spilled tea on it. While its unlikely youd be arrested for this, he may decide to try to file a lawsuit. And to add on, after my family member was taken to the hospital, they released him within less than an hour of arriving, didnt let him call for a family member to pick him up or anything, have him crutches nd sent him on his way. Im sorry to hear about your accident. Thank you!! You also might wish to consult an attorney. The $1,000 will simply be deducted from the total amount of damage. Should I call and report the accident to them? They got out of their car and I soon followed. It sounds like the other driver failed to do so, in which case she acted improperly. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You can also request a copy of a crash report by mail or in person at a Florida Highway Patrol Troop Station or at FLHSMV's offices. One important thing to remember is that your insurance company isnt necessarily your ally. I have worked so hard to clean up my past. 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. Common Challenges in an Employment Law Claim, How To Negotiate a Settlement With an Insurance Claims Adjuster. Yes, he has the right to change his mind. A police report is just that: a report. I bumped another car from the back and a slight scratch was on it. I got estimates and sent them.Then she said she didnt know who was in fault so we should go half and half. What can we do? I told him Id consider paying but that because of the amount and considering I needed an estimate for my car, I may go with insurance. 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. It was a minor car accident so we didn't file a police report. my husband thank god was not hurt but he was shaking up pretty badly. 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. The driver did get my license plate as I drove away and reported it to the police. He contacted us and got us an quote after almost 4 weeks for complete fender replacement for 2200 bucks. Each driver's history. She gave her insurance information. Thanks for reaching out. & 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. 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. But . Either way, you can expect to get a call from your insurance company. He says its his moms car and he does not want to call the cops and does not have his drivers license on him. The police might not respond to an . I gave him my bosses insurance and he took off without giving me his. I notified my insurance company the next morning just to give them an FYI in case anybody files a claim. I would contact your insurance provider and explain that he is threatening to sue you. 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 sorry this has happened to you. In addition, I would continue to call the police if he shows up at your house. That said, all parties involved in an accident are still required to stop their vehicles and exchange information. once I was inside I wrote a letter with my number on it and went back outside to leave it on their windshield. Call the cops and I will give it to them so he did . How do we fight this??? What do I do now? You should call the contractor/company that owns the vehicle, explain the situation, and provide details (location, date, time, etc.) Its possible that the other driver is at fault (or at least partially at fault). 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. what do you think my chance of winning the case without police report. Filing a Lawsuit in he Said She Said Auto Accident Disputes. I am willing to pay for the scratches as they realistically were my fault (I did NOT admit fault). I have since been to the doctor because of my back pain, & they told be I would need to start therapy. Thanks for the comment. Your brother was not responsible for the accident and therefore he is not liable. 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! He went off on me, saying that I have put him in a pickle because he has to write up a report. The small claims form that he filed with the court says: MR. i was hit by and uninsured motorist now after a couple years shes 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 didnt happen my car got the most damage her car just had a light broken is this possible? 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. . Call 1-888-404-5167. or if you prefer fill out online form and we will repond within 24 hours. We did not exchange info or file a police report. About 8 seconds later a car smashed into the back of me. Please help me help my niece!! 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. I have contacted an attorney but am waiting for a response. My brother said he would pay the driver for the damage and the next day told my brother the damage was $2500. Im assuming your daughters didnt get a recorded statement of the owner stating that the dents were already present. I filed a claim with his company and I have documented messages of our brief correspondence. I have soft tissue injuries, bulge disc and I lost my job behind the injuries. Hi there! 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 husbands vehicle I want to sue the diver says he tried to avoid a car that was going to hit him do I have a case. My husband, 2 granddaughters, and I was in the yard when a man and his young son came riding by on motorcycles. 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 other driver apologizes profusely. You would only file a report If property damage was greater . If the other driver testifies that the accident was all your fault, but three neutral witnesses testify that the accident happened the way that you say it happened, you'll likely win the case. 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. Why Are Medical Malpractice Claims Considered Civil Cases? She statea her head hurt alittle, but the car was fine. It is now her word against mine and she is denying liability. Youre not obligated to speak with her or return her calls. 5 days later he text me and said that never mind the damage was more than he thought and asked for my insurance information. Reason, I would talk to your insurance company or an attorney but am for. Yelling and attacking me verbally likely 2 or 3 years from the date it )... 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