When i woke up i was at the hospital . If youre missing work on top of this, youre probably concerned about your financial situation and what the future holds. Each state has a statute of limitations for a car accident, which is a deadline by which a lawsuit must be filed. 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. There was no damage to either vehicles and to be honest neither of us were driving straight off the assembly line models. In addition, I would continue to call the police if he shows up at your house. By not reporting the collision to your insurance company, you might have lost the ability to have her claim covered under your insurance. I was charged to court for the following offences It states the other driver said he was directly behind my son, the hood flew off and hit his windshield impairing his vision which caused him to hit my son. 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. You can find one in your area here. I filed a claim with his company and I have documented messages of our brief correspondence. I was in a minor accident Here is my problem. Can i sue the supermaket comercial van without a police report..that happen yesterday Nov 6, 2019 What can i do?? I was recently involved in a merging accident that was my fault. helpppp. Hello this is Amber, I wonder why police stopped my house give me a ticket! He never filled a police report and we really dont have any evidence that this is what happened. You can report an accident to police by calling 911 at the scene of the accident or by completing a Driver's Motor Vehicle Accident Report. We also took pics but unfortunately, the tag was blurry. You can seek more guidance from a Georgia personal injury lawyer. . And he has extensive injuries done to his spine and so on and so on and his life has been altered and now has to see doctors and therapy for the rest of his life. If your brother didnt have insurance, that can be a problem. (The dent on HER car) SHE SAID SHE WAS SO SORRY and that its OKAY so I just left no complaints. My girlfriend rear ended a guy yesterday. Contact us now for a free consultation. However, your car accident lawyer will do everything possible to prove that you weren't at fault. At the time I had no insurance, but she did. 3 hours go by and Im able to get into my car, hes left and I call him. In case its helpful, this article outlines cases when you DONT need a lawyer: When Do You Not Need An Attorney After An Accident? He exchanged info with the other driver. The car is register to my grandfather so his insurance said they would only be responsible for 20%, but why do they and I have to be responsible for anything dealing to him. I was in a major car accident a couple weeks ago, a lady to my left side driving at a high speed, ran a red light while mine was green. They think it aint gonna matter anyway. And they showed my husband the pics of the mans totaled car and was like is this the car you hit and my husband said yes but that car is totaled thats not what my car did to it! If the other person is at the scene, give them your name, address and your vehicle registration. Many disputed liability or he said, she said car accident cases are determined by the credibility of testimony. no damage nor injurys so said no need to call cops and we did not exchange information. 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 feel hes gonna try and go after her ins now for the other damage or pain and suffering but she only has basi.c coverage on her car. I had not heard back from the mechanic and so I decided to call them. You would only file a report If property damage was greater . I am also wondering if she has an opportunity to redeem herself from fault of this accident, since she truly believes she didnt cause it. The guy was all mouthy and saying he knew this person and that person. In certain situations your case may warrant filing a lawsuit. 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. Thanks. The person in front of me stopped suddenly, so I did to. 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. I encourage you to find a defense attorney to help you with your case. I was close, but Im very certain I didnt hit them. Generally, the car who rear-ends someone is at fault. Boyfriend is very reluctant to pay out a cash sum without a proper appraisal of the damage, as this family member is not necessarily trustworthy. The accident was 5 days ago. However, our claim rep is wanting us to file a complaint and have the police report amended. on the screen. If the matter is urgent, get directly in touch with an attorney in your area, most offer free consultations. He had a dent on his truck to collaborate my story. So, you're probably going to have to file a police report anyway. A police report is always an important document to have as evidence, as it should be an objective account of how an accident happened and who was involved. But when I contacted the insurance company they are saying that since theres no police report an that she has not reported the accident, they cant move forward without Either of the two, an she wont answer her phone. They want to pay the minimum amount possible, whether its to you or to another party. This sounds like a tricky situation. Best of luck we hope its resolved soon. Its certainly not unheard of, but most lawsuits dont get filed until much later. Walk down the street in the direction the defendant came from and take pictures of the intersection, the traffic signs, and any skid marks in the street. Would I be seen as a FLED THE SCENE if she submitted ME at fault? And he sue me? The information on this website is for general information purposes only. You may have a case. We will return to the scene of the accident and see if there's any evidence we can find . Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing Our dog went chasing them down the road. "No, it was red," the other driver may insist. Teddy, Meekins & Talbert, P.L.L.C., is ready to stand by your side and fight for the compensation you deserve. He really didnt seem to care. This includes names, addresses, and vehicle registration numbers. It was simply radio silence, and 3 days later he sued me and has retained an attorney. Hour later he calls and says he has an amount in a voice message. Obviously, you cant exchange information if the other driver does not want your information. You are also required to call the police if there's more than, say, $2,000 in damage in total (the specific limit varies by state). The rules for reporting vary from state to state. And he was like no he was able to drive his car away it was barely bumped I was going less that 15 miles per hour it was bumper to bumper traffic . You'll have to invest some time and effort to learn about the insurance claim process and write a demand letter, but chances are you'll be able to reach a fair settlement. For example, theres nothing that really prevents this person from saying that her car was more damaged than it actually was, or from saying that she suffered more serious injury than she actually did. Initial consultations are generally free, so youll be able to find out whether the attorney is willing to take on your case without any cost to you. 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 . It was a great move to make sure you got the license plate information. What could I do if I dont want to accept that offer. Well we were like okay the insurance company will see the car damage and it is clearly not totaled and as of his doctors reports well we will have to see if those were already an issue in his life or hes lying? 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. Im stuck with medical bills and a towed out vehicle. I am from FL. Thanks for your help! Do my parents should file an Ins. They can figure out the details of your accident, review the evidence, and advise you on how to proceed. my car was totaled. Be nice. The light changed and I started to go. However, the fact that he turned down your information will help support your argument that he didnt incur any damages. When wed looked at the point where the cars met, they werent touching as I suspected. For get about the what ifs, the man was not injured and even if he had whiplash, he would have had PIP. I mean, this is totally falsely accusing me of something I did not do. 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. I was in a fender bender outside a bait and tackle shops parking lot in Florida. However, law enforcement officials must file a written report if any of the following has occurred as a result of an accident: An injury. Thanks for sharing, Dorothy. I filed a claim with my insurance and a police report. Or, if it is meant for you but the accident never happened, they can handle that scenario as well. My bro has not seen the Quote from the auto body shop. Its always a good idea to file a police report so there is a record of the accident. Usually, this is because the property damage is minor, and the client did not feel injured at the time of the wreck. My wife lightly scratched someones door in a parking lot. Now the driver is telling him he needs to be paid within 10 days or hell go to the police. No damage to their vehicle that they could see. Wow. Since the accident happened in a different county, the police in my county then left. Similarly to physical injuries, you could hold the trucking company responsible if there was damage to your car. Since the other man likely has an attorney representing him, you shouldnt try to handle this case alone. The police report will have witness statements, but also findings of the police officers. My lawyer filled out a Sr1, has talked to the company and has sent them letters.. Photos were taken of my car where the accident had occurred, and I was told that they would be changing the fender, bumper, and headlights. Does a police report count on a he said she said accident? AlsoI looked at the damage on the seen. While I was talking to them the woman left. 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. If you explain what happened to your insurance company, your insurance company will likely decide to fight the claim. We are just so dumbfounded. We pulled off the interstate to safely exchange info. Most initial consultations are free and you can use our free online directory to locate an attorney. Officers are usually seen as objective (neutral) and official. Instead, they work on a contingency basis. With our help, we can possibly help you recover damages for medical expenses, lost wages, pain and suffering, and more. What if my damages were minor and someone else scratched his car in a similar manner days later and he wants to blame me ? The next step is to get a medical examination as soon as possible. Hiring a lawyer can be a worthwhile investment when: A lawyer can help you get the best possible outcome in your case when there is a factual dispute about what happened. Whats done is done, but its important to get a police report at the scene of an accident for just this reason even if youre not planning to make an insurance claim. If i file the suit against the driver could his insurance company pay? Have you stopped to think, what if a pedestrian had stepped out in front of him? I felt like I was just bruised so I just wanted to go home and not go to hospital and deal with police reports all day. Two years later I am now being sued for an accident that I did not cause by the guys insurance company and it is the first time I am hearing about this whole incident. I was in the yellow turning lane, driving to the red light. Viewing does not constitute an attorney-client relationship. Hello, Jennifer. If you were injured in a car accident that was not your fault, do not let the other side of the story prevail in court. 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. When I went to pick it up for a quick split second thats when I bumped her car and immediately turned my car off and got out of the car to check to see the damages and still see my the Driver was okay when I knocked on the window and ask if she was okay she looked at me angrily and proceeded to talk on the phone I did have a new job and was only on an hour break it was about over and I stood there for at least 10-15 minutes and then left because I didnt want loose my job so now a year lady today she is suing me at a lump sum of money & my insurance do not cover BODILY LIABILITY so now I have an Attorney and were going to discuss my options I have but I dont want my life to be ruined Im currently in College and have so much potential better myself I dont need this to ruin me , Any advice would be greatly appreciated. There was no police report, now theyre sueing my step dads insurance company . It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. In other words, you dont pay the lawyer right now; they will receive a portion of the damages when the claim is resolved. The responding officer will often offer his opinion as to fault in the police report, but the insurance company is under no obligation to agree with this opinion. New Member. Car rear ended me while I was making a right turn on a red light. What happens if I cannot know the cost within the 20 days deadline. If the woman continues to be an issue, you might consider filing an insurance claim with your own insurance company. No place immediately pullover so it took me about a mile the police showed up, then came back to me. My questions are , how did I put him in a pickle?, and I am willing to go the distance with this, but what are my odds? We did and when I got out of my vehicle, my car auto locked leaving me without my license or phone. And claims that my husband did not even try to slam on his breaks to stop his vehicle from hitting his car. Can I offer to pay out of pocket to his insurance company since I didnt get his phone number when they contact me? She got my name/number. Its certainly understandable why youre so angered by the situation. And the officer was off , no report. So I called the police to file a report. And the other drivers insurance was not shared either. They have good insurance that will cover costs. Contact your local police station and tell them you want to file a public records request for the police report. In Pennsylvania, the law does not require the police to report minor car accidents. Ask for Legal Help. 08:51 - Source: CNN. The chances of winning a "he said, she said" car accident case is increased by a few, key elements. You did the right thing by contacting your insurance company. Im just so worried. The other driver provided dash cam video to my insurance company, but my insurance company wont let us see it, nor will the other driver will not release it for us to view. my daughter was in a bump , yes bump she was stopped and her water bottle fell on the floor she reached for it and the car moved forward and bumped the car in front of her there was no damage not even a scratch nothing and we have pictures to prove it the lady jumped out looking like omg im on lunch , well there was a cop there also nobody was ticketed no report one month later letter in the mail she wants 500.00 for what i sent the pictures and everything to insurance company never heard anything 5 months later i get a letter from NSB bonded collection service they paid her 7,145.98 for medical bills are you kidding me for a bump she was stopped so the car could not have enough speed to do anything there sending notices like we will take your licence its Michigan law if you dont pay is this true and is this a hard or easy fight ? We encourage you to speak with a personal injury attorney as soon as possible to minimize your liability as much as possible. If the lawsuit is within two years, the statute of limitations likely has not run. In most states, a plaintiff has 2 or 3 years to file a lawsuit. You dont want to ignore it, but a lawyer can tell you how to proceed to dismiss the lawsuit if the statute of limitations has passed. Please Most attorneys will provide a free initial consultation. Does this mean he cant do anything after that? The cop told us that if neither of us was hurt then there was no need for a report! 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. Certainly, the police report and witness statements will be very important to this process. I gave her my information, but she did not give me hers. From his actions with the police and admitting that he offered me money and that he passed his turn ( which is the reason he backed up), the police found him liable and gave him the citation. Does the person have any reason to say something that wasn't true? She is threatening me with hit and run, when the situation is not a hit and run. There are no scratches to my sons car roof or any cracked windshield that I would expect from a flying hood. Its unlikely that she would do so over such a small amount. We exchanged information, no police, and then left. It certainly helps, and it expedites the claim. Youre correct that the fact that your daughters vehicle was uninsured at the time of the accident will be a problem. Its also a good idea to call the police after an accident just in case. 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. I have since been to the doctor because of my back pain, & they told be I would need to start therapy. Depending on the law in your state and the location of the accident, a report may need to be made to the municipal police department, county sheriff, highway patrol, state . Later that nite found out he contacted her insurance company. 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. The driver and I exchanged numbers she said she was fine just a little schoked I did say I can fix the damage to her car which was minor. That doesnt mean she cant file a lawsuit or small claims action, though. Courts typically tell jurors to consider the following when evaluating credibility: Learn more about how witness credibility affects a car accident claim. Hello Traci. After about 3 hrs. 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. Thank you. Good luck! Thank you for sharing your story, Laura. Having a neutral witness on your side can make or break your case. What are out options? Only after he helped load Lady Di into an . what do you think my chance of winning the case without police report. Bs.. I quickly took pictures & made a police report. The Plaintiff did her statement but somehow for 2 years, they did not contact my father or come to our address to get a statement from his end as it has been 2 years since this accident happened and this has put a lot of stress on our family and we are definitely looking to counter-sue as this companies reviews are horrific and they are the same stories but the plaintiffs were reviewing them as crooks. 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. I clipped her and ended up with more damage than her. My daughter was involved in an accident two years ago. 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. The officer expressed that shes an older white woman that was scared and that was why she refused to stop. Lawyers are trained to help gather the evidence you'll need to support your version of events, negotiate with insurance adjusters, and advocate for you in court if you end up there. While being sued is incredibly stressful, there are options. What do I do now? Police report attached.. 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/. Your payment would be seen as an attempt to settle rather than an admission of liability. Im not entirely clear on what happened, here. Please feel free to use the Enjuris law firm directory to find a lawyer near you who can help. If the semi-truck driver ran a red light, then he is at fault for the accident regardless of whether a police report was made. seems my truck never made contact with their vehicle.i have never in 19 years done a job in the city. These are the costs of auto repairs water pump, timing belt, alterator, rear brakes, rotors and calipers made three months prior to the accident. The police located the driver within minutes and requested that I meet the officers. 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?? Walk into AAA and report it or wait on him in a couple days? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Because of this, the attorney might recommend simply paying for the damages. If youre concerned that the vehicle owner is going to sue you for damages, your best bet is to contact a lawyer who can advise you based on the specific facts of the incident. apparently all they got was a tag number. I have zero information on him, and if it werent for his dog going ballistic near me I would have gotten out and taken pics or caught his license plate. If she were to do so, you would have an opportunity to show up at court and argue that youve already paid her enough to fix the small dent. Shutterstock. I have soft tissue injuries, bulge disc and I lost my job behind the injuries. No injuries, no report required. 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. 2. we have no income coming in to help pay for the damage. The other car parked behind my cousins car in a no parking zone and now they are wanting 1000 to fix the small dent and are calling every hour for the money. He never took my brother statement nor the other witnesses, He said theyre not creditable because the police didnt take their statement. But this decision may make your claims process slower or more difficult to prove that youre not at fault for the accident. If youre in a no-fault state then the other driver will file a claim with her own insurance company and you may never hear from her. I just visited your Blog and was truly amazed by the fascinating info there thanks for this Article. My husband was able to put it back on for him and tied it with a bungee he had in the car. Good luck! Nevertheless, its possible. Youll need to have a process server serve her with the complaint. Im still vastly paranoid though that something will happen because people are highly unpredictable. If the other driver is lying about the accident, we can help. It happens to everyone! 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. If the woman later decides to file an insurance claim or lawsuit against you, youll need to defend yourself. It sounds like you did exactly the right thing by leaving a note with your contact information. When you say citation are you referring to the complaint for court? Neither of them are returning calls or emails from their insurance company. He said just give me 50 and that will be fine I had just paid my bills and was broke. Thank you for sharing your story. Start here to find personal injury lawyers near you. Was the person's testimony at trial consistent or inconsistent with that person's past statements, especially statements to the police about how the accident happened? The police were called and no report was completed due to the damages being less than $500. However, it sounds like there may not have been any damages stemming from this refusal. Theres a small scratch on my dads car but idk if that was already there. 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. However, all lawsuits need to be taken seriously. Please help me help my niece!! The only way you can know for sure is by talking to a personal injury attorney that specializes in car accident cases in your area (https://www.enjuris.com/directory/). I gave him a copy of mine and left. A death. I immediately got up bcuz On coming track(red light at the time) , he said he didnt see me, he gave me his name, name of the company truck and plates. 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. Its free, anonymous and confidential. In those cases, it'll come down to one driver's word against the other's. To win a he said/she said car accident case, you'll need to gather evidence from: The police report. The police are hoping to file it as a crash report, but I am not sure how to go about things or where to take anything. You with your contact information done a job in the yellow turning lane driving. Just visited your Blog and was broke this person and that will be fine I not... Do if I file the suit against the driver is telling him needs. Record of the accident will be fine I had no insurance, also. Truck to collaborate my story and the client did not exchange information took he said she said car accident no police report & made a report... Such a small scratch on my dads car but idk if that was why refused. The supermaket comercial van without a police report not run did exactly the right thing by contacting insurance. A minor accident here is my problem cases are determined by the fascinating info thanks! 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