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! Unfortunately, I was involved in an accident. Here, you can find a state-by-state list of reporting requirements. If theres no damage to their car, then theres no issue, really. Her stepfather and his family are very well known in town for their constant criminal behavior and their numerous trips to jail for drugs, fighting, robbery, theft etc. He never took my brother statement nor the other witnesses, He said theyre not creditable because the police didnt take their statement. I was in Louisiana visiting and my daughters friend hit my car while it was parked with no occupants. Is all in my face and tells me she going to call the cops. A situation which sometimes comes up in a car accident is a case of he said/she said. 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. The day of the accident I had paid to to restart insurance that had lapsed on line. Police don't always come to the scene of an accident, but if they do, the officer will probably have to make some sort of official report about the accident. Does that help my side? Neither of them are returning calls or emails from their insurance company. My husband and the man said yes, no ,yes. Most attorneys offer free initial consultations, and an attorney may have some ideas about how to track down the driver (security footage, route maps, etc.). 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. She also gave him the runaround about her license. That is a thoughtless answer. We are also in florida. I met with an accident. 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. In other words, Im so glad you fared okay after the accident. Your best bet is probably to call a California accident lawyer for advice on how to proceed in defending the lawsuit. This man should not have ever even gotten money for his car damages they should have just fixed his bumper and that is it . The police came after about an hour. Its a very helpful piece of evidence that provides a lot of useful testimony. If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. We hope you choose to Recover With Us. Thanks for sharing your story. Im not sure if the guy took my license so Im asking what could happen? All the front of my bumper came off & was dented, her passenger side door was dented, from the impact. Two days later I am being notified that I had no coverage by Geico. It was only one scratch on the rear bumper of his car. They told me they wouldnt file a report unless the woman called. While being sued is incredibly stressful, there are options. She didnt seem to care about the situations until today, lacking proper communication for weeks. Having a neutral witness on your side can make or break your case. Police said Boeheim has been cooperating with the investigation. I was in a car accident in a mall parking lot. Are you sure that youve been sued (i.e., you received a summons and complaint?). But, theres a chance (particularly if the Honda was speeding) that the other driver was at fault, or at least partially at fault. Better yet, for those who are interested in knowing what a police report looks like and what its contents . Its possible that the other driver is at fault (or at least partially at fault). We didnt follow each other, had our emergencies on, or anything. Do I contact them or wait for them to contact me? This was my first wreak EVER!! The other driver hit my car from behind and took off. Best of luck I hope its all resolved swiftly. In these cases, you may not know what to do next. Hello I was in a car accident a week ago and my insurance just now contacting me about a claim that was filed. What happens next? Most attorneys will provide an initial consultation for free. Thank you very much! In addition, it would be wise to take your daughter to the doctor to get checked out. If youre talking to the police, its important to only give them the facts. It was a freeway exit so he took her to the nearest gas station to see if she was okay. If the offending driver hasnt fled the scene, a report sometimes isnt necessary (if a driver has been injured, however, a report is required). Which is the only shift this officer works! So, you're probably going to have to file a police report anyway. Identifying information about parties involved may . The statute of limitations in this instance depends on your state laws. 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. I then verified that he was insured and called his insurance and made a statement, attempting to go through his insurance for property damage but they deemed me at fault. How can i fight this? Be nice. 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). You are involved in a car accident. You may think youre feeling fine, when your body is masking what youre feeling. In response to todays message which contained threats of being sued because they have received no money for the minor damage, he told them to make a claim to insurance or proceed with making a small claim in court if they wanted to be reimbursed for damages, because he would not be giving them cash without any proper documentation- is this a smart way to proceed with this issue? Find the best ones near you. Nevertheless, I would still recommend meeting with an attorney. He didnt call police. I apologize for not including everything in one post. There are situations where you should file a police report. This includes damage to the vehicles, skid marks, paint on a car, etc. 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. 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. There seem to be a lot of opinions about what happened and how. Keep in mind, however, that so long as the insurance company provides notice, they can raise your premiums for almost any reason. 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. When the cops arrived the cop asked me what happened and he said he smelled alcohol on me and handcuffed me and took me away. Their report will also help speed up the claims process. So, when the physical evidence favors the plaintiff, the defense attorney will likely advise the defendant to make a generous settlement offer. Nevertheless, you can hire an attorney to investigate fault. 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. Certainly, the police report and witness statements will be very important to this process. Anyway, the lady seemed nice to me at first. He didnt even try. I unfortunately had lapse in my insurance coverage due to unemployment. At this point im ready to file a lawsuit but wasnt sure exactly on who to file it against. 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. You can also ask to talk to the police officer in case he has more information. In this case, it would be important for him to get a proper car accident lawsuit representation not only to get him his claims, but also to get his insurance to cover his full medical bills. If the police don't come to the scene, you can fill out a report at the local police station or DMV. The driver of the at-fault vehicle brought me to a shop where we explained the accident to the mechanic and the at-fault driver said he would cover the cost. I am just searching for How many strikes would a man get if he injured someone badly in a car accident, this article caught my eye. If the request is made within the 60-day . You need to report an accident to the police by dialling 101 - the police non-emergency number - within 24 hours. I would recommend talking to an attorney in your area. I want to know if I can sue them or get them to fix or help fix my car? Please, need Guidance. I thought this was settled and done with but then I received a text from the other party claiming that they were taking me to court for property damage because my insurance refused to pay for his car: why would he do this if his insurance is deeming me at fault? The rules for reporting vary from state to state. Explain that you were not at fault for the accident and provide them with the name of the trucking company. Could he come back and sue me if there was no damage or small amounts of damage even if he turned down getting my information? Its unlikely that she would do so over such a small amount. Once I got home the police pulled up right behind me. If an officer is lying or providing false information with an intent to deceive, he or she may be prosecuted under California perjury laws. He exchanged info with the other driver. Her BF came eventually and my fianc is worried about him bc he kept making comments. The accident happened in NC. Im on SSI and most of my monthly money goes to my bills. she called my brother ad said she wanted more money because her window had being damaged and if he did not pay her or give her my info she was going to sue him and garnish his wages. 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. I drive an automatic and there is no logical reason why I would even be in reverse or why the car would reverse on its own if it was automatic, while at a red light. I notified my insurance company the next morning just to give them an FYI in case anybody files a claim. A taxi failed to make a complete stop at a stop sign and we T-bone. She may have gotten my license plate number. In addition, be sure to take photographs of the damage to your car in case you need these photographs as proof of a minor accident down the road. Highly unlikely, I can see insane people deliberately wrecking their car for this but no one in their right mind would critically injure themselves just to obtain money in a lawsuit that they arent even guaranteed to win. Find a lawyer near you. How can I be sure that he didnt damage the car even more? Unfortunately, car accident reports may provide some clarity on what happened. I didnt make a police report because my daughter wasnt crying or anything. Best of luck we hope its resolved soon. Being the defendant, there is no police report, nothing has been showing on LexisNexus for our insurance company until the filing date of 1/29/2020. It being my first accident ever i didnt know the steps all i have is a number and maybe Surveillance From a camera in the parking lot what should I do help, Youll want to contact your car insurance provider (even though the accident wasnt your fault) and possibly an attorney. The officer met with me away from the driver that hit my car. We were in a construction zone on the highway, so no real emergency pull off is available where I was ran off the road. I would recommend reaching out to an attorney in your area. Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. I left my contact and the guy text me and told me that the damages are minor and not to worry about it. The police were not called out and insurance was not exchanged. At this point, youll have to appeal the decision (be sure to provide any proof you have that the accident was the other drivers fault). Is it possible that perhaps it was a different agency than the one youre contacting? Whether or not you can obtain compensation will depend on many individual factors such as state law and your specific case details. Sometimes, however, accidents occur and there are no witnesses other than the people involved in the accident. Your attorney will be able to help you file a claim (and a lawsuit if necessary). Yes, you can certainly sue. I was in an accident that had no report when I was 9 years old and I am 39. What do I do now? Do Not Sell or Share My Personal Information, The Difference Between Fault and No-Fault States, In most states, if you're involved in an accident, you have the option of filing an insurance claim or a, A lawyer can tell you whether you live in a traditional fault or no-fault state. She was already starting to cross the street when this happened .. now we didnt get a police report because after waiting 1 hour I felt more important to get stuff to treat her road rash an d cuts on ankle .. Im making app with her doctor tomorrow will this hinder seeking any kind of settlement from the mans insurance . 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. 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. He took pictures and got her phone number thats all. Please read! That was back in Sept 2017 more than a year ago. All they will tell us is that you can see the other driver was stopped for more than 30 seconds, but provide us no details or answers to our questions. Please please help. Can I get in any legal trouble or be sued? Hi, I was involved in a minor collision. Hes being very vague about what the injury is. I want her to pay for my car and my medical bills, plus now having to fight a DUI which I wasnt even intoxicated. I would recommend reaching out to an attorney. I was injured and went to seek medical help, nothing serious but whiplash and a minor neck and back injury. I had not heard back from the mechanic and so I decided to call them. These repairs would have extended by 10 years/80,000 miles the life of my car. Does the person have any reason to say something that wasn't true? Video cameras (private and public) may show what happened in an accident. I know where he works and has his first and last name with his phone number? 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). How to Win a He Said, She Said Car Accident Case. Your brother was not responsible for the accident and therefore he is not liable. He also convinces you not to exchange insurance information and you agree. About 8 seconds later a car smashed into the back of me. The police inspected his car and mine said it was very very minor and his car had no damage and he said he was fine. Let us know! So I backed into someones car and left a note with my name and phone number. I am sorry to hear that you were involved in an accident. I didnt drive anything into anything, because I WASNT THERE! Viewing does not constitute an attorney-client relationship. I got home Sunday and seen my vehicle it was bad. And the officer was off , no report. Be sure to keep copies of all the repair documents so you can show them to the insurance company. He was not taken to the hospital from the accident. 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. Hi, Eric. Decide whether the accident is the result of a rear-end collision or a left-hand turn. This family member refused to make a claim through insurance or have the damage appraised, and insisted that my boyfriend pay cash to settle it independently (with no set amount stated) even when he offered to take it in for repair and pay through the auto body shop. No one is defending the fact the malfunction equipment is our fault. Unfortunately, its not uncommon for plaintiffs to wait until the last minute. I lost my job and hes aware of that but he threatens to call the police. Its always a best practice to get a police report, even when an accident is minor. This report will likely include the officer's opinion as to the cause of . We all got out to check damages then my friend and the car in front moved off to the side. But a dozen or so states follow a no-fault insurance system that requires drivers to turn to their own personal injury protection (PIP) coverage, regardless of who was at fault for the accident. If you find out the address isnt valid, you can still sue. ??? Anywayi took responsible for fault in the accident. If your brother didnt have insurance, that can be a problem. im going through same issue what was the outcome of your issue did you sue him? I took his offer but now Im getting new tires/rims and there is more damage. If the other driver is lying about the accident, we can help. The other driver has hired a lawyer to go after medical claims. Okay, but is there a certain time frame or days allowed for someone to do that after the fact? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. With our help, we can possibly help you recover damages for medical expenses, lost wages, pain and suffering, and more. Anyway, he then kinda just waves it off and is like meh, and then just gets back into his car, light turns green, and we both end up driving off. The speed limit was 45 mile and I was probably going between 40 and 45 when a woman in an SUV didnt stop at the STOP sign and pulled in front of me causing me to rear end her. i was not at fault. 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 was in a car crash last december and just received court papers that im being sued. The appropriate action for the man to take is to file an insurance claim or a lawsuit. 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