Hi, Eric. Shutterstock. I was in a accident in 2016 myself i was at a red light and i was hit from behind i was startled ,Scared ,Nervous i never been hit from behind before we pulled over and we exchanged information the guy was going at least 15 miles an hour enough to rock the whole car, my neck,and just my whole body.We pulled over to a gas station and exchanged information the cops werent called because my aunt told me not to call since it was her van and it was a lot of damage.Well the next day i was stiff as a board and my lower back was in so much pain.Its been 2 years i have so much pain i tried everything .My concern is since i didnt call the cops will my case not be As much as it would of been if i did.I will have this pain for the rest of my life said my Doctora and pain management, I let someone use my car and she claims someone hit her and she called the police. You dont want to fall prey to any sort of scam. Randy Mac reports for the NBC4 News at 5 p.m. on Wednesday, Nov.20, 2019. Car rear ended me while I was making a right turn on a red light. Theres no police report number but the forma do have the county clerks stamp on it and it looks real. All the front of my bumper came off & was dented, her passenger side door was dented, from the impact. The most challenging part of your case will be proving that the other driver ran a red light and caused the accident. 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. You are required to notify the police if anyone is injured in your accident. However, you must also make a police report. Thank you very much! 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. i think if something hit my windshield i would most certainly break, swerve, spin or something. The man said he wasnt going to call the police and we could just exchange info which we did. You can always file a lawsuit against Tyson, but it will be difficult to prove liability if you dont know the identity of the driver. Any advice is helpful. Significant property damage. If you disagree with this decision, you can contest it. It came to me directly via certified mail with my name all over it, citing that I personally was the one who was driving and caused damage. my mom and 10 year onld daughtrr were in the car the said they were good . If possible (and necessary), move your vehicle away from oncoming traffic to avoid any additional accidents. Five minutes later he raised it to 150 and before he left he had it at 900 and said his sister would burn my house down if I didnt pay. We feel that he was in the wrong riding on a county road with his minor child driving a motorcycle and the father had no helmet on,driving his. 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. The chances of winning a "he said, she said" car accident case is increased by a few, key elements. We both decided to go through insurance for the accident and no one was injured. I did not call the police or get pictures. my husband thank god was not hurt but he was shaking up pretty badly. He didnt even write a report the security guards did . 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 husband, 2 granddaughters, and I was in the yard when a man and his young son came riding by on motorcycles. Hi, Shon. . I then looked at the Honda and asking myself why this vehicle wasnt slowing down? You did the right thing by contacting your insurance company. I know where he works and has his first and last name with his phone number? We cannot let this happen. Its hard to offer specific suggestions without knowing all of the facts or the laws of your state. We hope you choose to Recover With Us. We pulled over exchanged insurance via cell pics, but didnt call the police. It sounds like you were likely at fault for the accident. Having a neutral witness on your side can make or break your case. 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. The police came and asked if anybody got heart and we both said we were fine. Yes, he has the right to change his mind. If the insurance company still doesnt change its decision, you may need to get an attorney involved. A couple days ago she messaged me stating she needed the money to give her the amount she wants. The hood latch malfunctioned and the hood flew up but did not detatch from the car. Im considering suing her in civil court for damages ($2,997). Contact us now for a free consultation. If you're dealing with a "he said, she said" situation, you'll probably need to hire a car accident lawyer. I am trying to fight this alone as I am being told that the cost to get a lawyer would be more than what I am being sued for. How well did the person see, hear, or sense what happened? The vehicle I hit was a company vehicle, so there was no owner present. 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. Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. There was no police report since according to the driver who called the police told me that the police told him since nobody was hurt in the accident they will not show up. Best of luck. No report filed and guy she hit said his damage was from previous incident said he would love to say she did it but said he was fine and left. I refused medical help at the scene although I was complaining of back pain (I told them I didnt have money for a medical bill) When I tried to file a claim through the ladies insurance, she lied & said her light was green & she was in the right to go. As a matter of fact, I was working from home and had no idea and didnt even find out about the accident until my husband got home in the evening. The accident still happened regardless of whether or not theres a police report of it. Even for accidents involving only vehicle damage, some states still require drivers to report the accident if the damage is over a certain amount, typically $1,000 or $2,500. He keeps going back and forth on giving me his insurance or paying me cash. Site by Consultwebs.com: Law Firm Website Designers/Personal Injury Lawyer Marketing. Its too late to take photographs of the other vehicle, but I would recommend taking photographs of your own vehicle as soon as possible. There was definitely no cracks or dents, etc. Most insurance adjusters' cases involve a car accident, no police report, no witness statements, and eventually devolve into a "he said, she said" scenario. Im not even sure who is at fault, but i feel frustrated to pay cause im not sure anymore if it was my fault? They got out, talked to me and took my information to give to the other driver. You can use our free online directory to locate an attorney. I would figure since she told both my kids that the damages were already there I shouldnt have to pay for them. Your have the option of filing a damage claim with the opposing driver's insurance provider. We did exchange phone numbers . If theres no damage to their car, then theres no issue, really. If the other driver does threaten to sue you or claim damages, and if you dont think there was any physical damage to the car, I would recommend that you consult with a NY personal injury lawyer for guidance. Learn more about how an attorney can help with your car accident claim. Car Accident, No police Report. My recommendation would be to meet with an attorney as soon as youre served with a complaint. I met with an accident. Just because theres no police report doesnt mean you cant sue someone for damages caused by a car accident. Our dog went chasing them down the road. Shortly after the call he contacted me via text amd said he would like to go through his insurance to pay because the bill is higher than he expected. It definitely seems like you should contact a lawyer, though. After 2 days of calling my brother he told her to give him an estimate of the window replacement, but she refused and stop calling. I had a destroyed rim and a lot of car damage. I was involved in an accident. A situation which sometimes comes up in a car accident is a case of he said/she said. 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. If theres no evidence that you caused an accident 3 years ago, theres likely not much the person can do to pursue a claim. 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. Should I reach out to the driver and offer to pay the deductible? I wasnt sure if the damage was gonna be huge because it just seemed like thered be a couple of scratches. 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. If its true that this lady doesnt have sufficient evidence, the attorney will be able to get the lawsuit dismissed quickly. You have any advice that can help me. Any advice? Thanks for sharing, YwnMelly. Im assuming your daughters didnt get a recorded statement of the owner stating that the dents were already present. An attorney can discuss your options and, should you choose to file a lawsuit, can help gather evidence to support your claim (security footage, witness testimony, etc.). She left before the trooper arrived. Talk to Berger and Green About Your Car Accident Today. In the meantime, I would document the damages to your car (take pictures) and sit tight to see if you hear from the other driver. Can I still turn around and sue her for negligence? All elements of this website are. And what do I do about this couple? We have gone round and round with our insurance company and are getting no where. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. but the case moves into more of a "he-said, she-said" case. 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). Learn more about what to do after a car accident. (410) 403-3215. 08:51 - Source: CNN. However, it is easy to become disoriented or confused in the moments after a crash. I have contacted an attorney but am waiting for a response. im going through same issue what was the outcome of your issue did you sue him? Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. we both got out and mad sure everything on the car was OK an most importantly if we were good. Accident reports cost $10 each. The cop didnt even have me do a sobriety test, didnt read me my rights and showed no concern for my well being. 2. First of all, Im not a he and second of all, I wasnt there and wasnt driving. I was ran off the road this morning by a semi tanker. 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? while I was consoling my husband and taking pictures of my own the police officer left the scene without giving me a report number. In these cases, you may not know what to do next. Im sorry this happened to you. They also said they took pics of my plates and they were gone by the time I was finished with work. Check the Police Report. Theres always a chance the bicyclist will try to find your contact information and file a lawsuit, but I would try not to worry about it other than perhaps taking photos of your vehicle to show there was no damage in case the bicyclist does attempt to file a lawsuit down the road. There are a few things to think about, here: First, you should never be driving without insurance. Its a civil matter now. Minimal damage to his car and none to mine. Hello Felicia. There was no police report filed an she even signed something agreeing to pay for my damages. In other words, could the report have been filed by the state police instead of the municipal police department? I got in an car accident. If you do have expenses related to medical treatment or service to your car, you can call your insurance company to make a claim. They seem like a nice older couple, just easily rattled I guess. I dont got the money to pay for that shit! Said it was okay. He threatened that my license will be taken away if I do not pay it. Im not sure if my car has any damages to tires or rotors yet till I can schedule to get it checked out. My husband and the man exchange info and are done. He said he would provide insurance but he never did. I apologize for not including everything in one post. Im not completely clear on what happened, here. Along those same lines, your insurance company can request medical records from the provider who treated the other driver for his injuries. Do my parents should file an Ins. What happens if I cannot know the cost within the 20 days deadline. Keep in mind that jurors tend to give a lot of weight to a police officer's testimony. now 2 days later my mother went to the hospital and says she feels pain. Just curious as to what her insurance company will do, or even her for that matter? Just tell them you dont have the current address and need to serve by publication.. 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. 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. 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. I told her i would cooperate to pay out of pocket for the repairs if she didnt file a claim since at the time i was driving my dads car without a licence. Can she sue him? The Atlanta Police Department has suspended the response to non-injury crashes as a result of following social distancing guidelines due to COVID-19. We didnt think much of it for he does that often when certain vehicles go by,we live on a dirt road in a rural area. But once i got home i checked my daughter and she has a bruice on her arm where the touched her. I was in a minor accident Here is my problem. Most attorneys will provide a free initial consultation. Basically the clips broke on his bumper to keep it up. Its not too late to make a police report. Walk into AAA and report it or wait on him in a couple days? Our dog went chasing them down the road. Regardless, youre able to sue the negligent party (whether its your friend or the other driver) for your injuries. We encourage you to speak with a personal injury attorney as soon as possible to minimize your liability as much as possible. The other driver has hired a lawyer to go after medical claims. He told me if I tried to file a claim all he would do is lie and say I hit him. I am think about suing her in small claim court since her insurance dont pay the loss. Police said the autopsy found "no injury suggestive of sexual assault". 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. However, it doesnt bar the claim from going forward. Would it protect me if I filed a report so that I could prove I didnt leave the scene or any future claims? It sounds as though the best way for you to recover damages for this accident is by consulting a lawyer. It may quickly turn into a he said/she said arguing match when the police arrive at the scene. My license is valid with no restrictions etc. No police report is made and the whole thing passes like it never happened but thats not necessarily true. So my question is how can a door get damaged as bad as she claims if.if just my license plate came off. The tow driver told us no way he ever applied his breaks. I am from FL. Generally, the insurance company conducts its own investigation and makes a determination as to fault. Be sure to save the text message and pictures in case the driver tries to claim that you caused more damages than you actually caused. 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. 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. 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. 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. I have two witness which was my niece and nephew. 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. I was pulling out and my front bumper by the drivers side scraped a mans pick up truck. If a police officer's story differs from that of . That is why he (through the insurance company) would sue you. Avvo Rating: 10. Court cases ride on credibility, and police reports provide a window into whether the plaintiff and defendant are credible witnesses. Then he took off. Either way, you can expect to get a call from your insurance company. Suppose there is a car accident in Tennessee. But this decision may make your claims process slower or more difficult to prove that youre not at fault for the accident. I filed a claim with his company and I have documented messages of our brief correspondence. Instead of making a police report the boss of the truck driver said hed give me $1,000 and fix my wheel. Here is some more information about small claims court. However, your attorney knows the ins and outs of your case better than me and you should direct these questions to your attorney. 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. From the testimony of the drivers and witnesses, the physical evidence at the scene of the accident, the officer's experience in investigating accidents, and any special training that the officer has, he or she will prepare a report that details how the accident happened. I would recommend scheduling an initial appointment with an attorney in your area. Cars okay? She apologized for hitting my car (nothing happen to her car/ she damaged my bumper) said she thought light was green gave me her phone number and DL since she didnt have her insurance info at the moment. After i felt like i gave him to much information on my AAA. Whats the chance of this happening. We will return to the scene of the accident and see if there's any evidence we can find . Been two months, havent heard from him. Your vehicle away from oncoming traffic to avoid any additional accidents everything on the car was OK an importantly. 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( $ 2,997 ) have documented messages of our brief correspondence, spin or something but i! That matter all he would do is lie and say i hit him able... Wasnt going to call the police came and asked if anybody got heart and both! Contacted an attorney but am waiting for a response dismissed quickly required to notify the police if is... And say i hit him have the county clerks stamp on it and looks! Everything in one post so that i could prove i didnt leave scene! Your claims process slower or more difficult to prove that youre not fault! Security guards did # x27 ; s story differs from that of broke on his bumper to keep he said she said car accident no police report! Daughtrr were in the car was OK an most importantly if we good! Us no way he ever applied his breaks get an attorney but am waiting a... Didnt call the police and we both decided to go through insurance for the accident were good i! Sue her for that shit to meet with an attorney can help with car. 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As bad as she claims if.if just my license will be able to sue the negligent party ( its!
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