I hit one of the cars in the parking lot by the side and scratched the fender and the door. My husband was in a small fender bender about a year ago. 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. Without one, the situation can turn into a he-said she-said ordeal. Police report attached.. the officer may even be upset that he or she has to do the paperwork associated . My car was legally parked and hit by another car. Now with no police report, witnesses or his insurance information do I have a case to sue him for pain and suffering plus negligence? My bro has not seen the Quote from the auto body shop. Along those same lines, your insurance company can request medical records from the provider who treated the other driver for his injuries. What can i expect from this? Most agencies now handle accident report requests online, or you can call the police department for instructions. Mobile AL. to give them the opportunity to negotiate with you if they plan to repair the paint on the car. 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 . We exchanged information and took pictures of the damages and she did not file a police report or contact insurance. Youre required to stop at the scene (which you did) and exchange your contact information. Also, I had 3 passengers that talked to the police and gave their account of what happened that he backed into me. 2. They also offer information as to neutral bystanders who saw the accident happen. If a hit and run has occurred. Any advice is helpful. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Now I am being told by my insurance company that the driver is planning to file a lawsuit against me to recover all damages that they insurance company will not pay. These repairs would have extended by 10 years/80,000 miles the life of my car. Since the other man likely has an attorney representing him, you shouldnt try to handle this case alone. I really neee some assistance right now and Im feeling so helpless. She is threatening me with hit and run, when the situation is not a hit and run. 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. Now no damage was really done to his vehicle just a small indenture since he was driving an old Chevy Tahoe with a heavy duty steel bumper. This dude even went the extra mile and said he sustained a bad neck injury from the accident and tried showing X-rays to prove it. The small claims form that he filed with the court says: MR. I was recently in a minor fender bender accident in Texas. 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. Any advice? I got in a minor accident in a Walgreens parking lot a person backed into me while I was parking. he just darts back into the car before I can say much of anything else. I miss walker need a attorney to sue Geico insurance for not paying me off on my vehicle but I gave Geico Insurance the police report and the statement and they still havent picked my truck up to pay me off on it. She hadnt had the car long when it was hit. I unfortunately had lapse in my insurance coverage due to unemployment. By not reporting the collision to your insurance company, you might have lost the ability to have her claim covered under your insurance. Any advise? I rear ended a car, at first I pulled over, but then panicked and left. You were in a car accident and the other driver convinced you not to exchange insurance information. As Im sure you know, its generally not a good idea to give someone money as part of a settlement without getting a signed agreement that the person will not sue or make a claim for additional damages. The guy in front of me backed into me. There can be an instance where the collision doesnt seem that bad, none of the parties involved believe to have any major injuries and are willing to exchange important information so everyone can report back to the insurance companies. It doesnt sound like you reached any sort of valid legal agreement to pay a certain amount of money. While I was gone she rear ended a few guys in a big SUV. Most likely, the driver will reach out to you and try to resolve the matter out of court. Yesterday her stepfather told her that his brother was the one that hit her car and my niece knew all his brothers were drinking all day. Its also a good idea to call the police after an accident just in case. Typically, in these instances, both drivers remember the accident differently. I had text him asking for pictures of the damages on his vehicle. I offered to pay them for any damage. Even a relatively brief delay of 4 to 5 days has been held to be insufficient to comply with the requirements of O.C.G.A. Best of luck! Second, in most states, simply paying a traffic ticket is NOT like pleading guilty, in the sense that it cant be held against you if youre slapped with a civil suit at a later date. She didnt seem to care about the situations until today, lacking proper communication for weeks. If you need help locating an attorney, take a look at our free directory. The reason I am asking is the citation has to be served to the defendant. This is important because Uncle George suffered severe kneecap injury that caused him to lose his as an instructor at the local dance studio. Do I even have a case? No one filed a police report but I will do that today so what do u think will happen. I was waiting for the red light to turn green, but I accidentally accelerated before time and slight hit the car infront of me. In Texas, for example, if the collision leads to a fatality, serious injuries, property damage costing $1,000 or more, or damage to local government property, it is essential to file an accident report. She gave me her phone number, and I immoderately report it to my insurance. 3 days later I felt stiffness in my back. There was not enough evidence to support either side and neither my husband nor the other driver were cited for the accident. He spun me sideways on the highway and I was able to safely get to the side of the road. Thats only one part of the story. If the driver was at fault, then youll need to file an insurance claim with the drivers insurer in order to recover damages (or file a lawsuit against the driver). (The dent on HER car) SHE SAID SHE WAS SO SORRY and that its OKAY so I just left no complaints. 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). Based on the information you provided, its not clear to me why your insurance company will not cover the accident. The owner of the car I was driving was not charged for any offense. If we can determine that the at fault party is not telling the truth then a lawsuit will be warranted. I had just turned a corner and a woman jumped in front of my car waving her arms. He exchanged info with the other driver. I mentioned to him I felt a bump and that was it. Filling in information or guessing on details can provide a false picture of what happened and be used against you to show that youre not a reliable witness to speak to. He said he would provide insurance but he never did. Im on SSI and most of my monthly money goes to my bills. I got in a motorcycle accident in early Oct 2021 I was in extreme pain so someone took me to the hospital before police or medical help arrival. Im not completely clear on what happened, here. I didnt even know if its an accident or not. I was hit by an 18 wheeler walking a crosswalk after work. If you've been in an accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION. If not, shes certainly permitted to sue you. At the time of the incident I was scared and afraid and didnt want to cause a scene, My adrenaline and nerves were high. You can find an Alabama lawyer in the Enjuris directory: https://www.enjuris.com/directory/alabama/. Its possible that the other driver is at fault (or at least partially at fault). Youre free to use the Enjuris law firm directory to find a lawyer near you. This was on a Saturday night. For this reason, I think it would be in your interest to meet with an attorney in your area. In the meantime, be sure to collect any relevant documents you can (medical records, pictures of the vehicles, pictures of any injuries, witness contact information, etc.). Talk to Berger and Green About Your Car Accident Today. 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). Hello, there. Police auto accident reports record essential information about an accident. Heres a resource list for you to start with: https://www.enjuris.com/pdf/ (Be sure to fill out the post-accident report form while everything is fresh in your mind. The lawsuit will depend on what evidence remains from the accident. But today a car semi hit my 1 year old daughter while we was crossing the green light. Like good morning your honor. 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. Your husband is lying. Would it protect me if I filed a report so that I could prove I didnt leave the scene or any future claims? So I called the police to file a report. What can I expect? Do I have anything to worry about legally? 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. I wasnt even present at the scene of the accident! Most states require both drivers to stop, exchange information, and render reasonable aid. Over 2 years ago, my husband was in a minor accident (i.e. Why wouldnt she have filed anything yet? All elements of this website are. 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. The woman stopped the car and I verbally expressed that she hit my car and that I wanted to exchange information. 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. Teddy, Meekins & Talbert, P.L.L.C., is ready to stand by your side and fight for the compensation you deserve. She had to be injured as she took off the back of my mirror on the passenger side. But this decision may make your claims process slower or more difficult to prove that youre not at fault for the accident. Couldnt he just get his vehicle fixed through them? If there was an officer on the scene, there should be a police report. She slammed the brakes because she was speeding ame merged and cut into my stopping zone. After pulling over I immediately said I was sorry and offered not once but four times to call the police. I was in a accident were i was driving thru an apartment complex and a driver talking on his phone backed out in front of me causing my car to be totaled. ??? She got out ranting at me, looked at the back of her car, no damage, said its fine. Do I notify my insurance without making a claim (Nationwide)? I dont want to be sued if the insurance does not pay out. I have two witness which was my niece and nephew. Does that help my side? Why the quotation marks? You and the other driver or drivers involved are required to report these collisions immediately. . Hello Andrew. If so, she likely signed a release preventing her from suing you. 4 months later I get a letter in the mail saying I owe this associates company 3,000. They are willing to pay the actual personal damages (like medical expenses) but not general damages (like pain and suffering) because the driver did not have any insurance, which according to the law in California they are not obligated to pay since the driver was uninsured. He hit my sons car going at least 45 mph. But if you believe you're being blamed for a crash that wasn't your fault, you might need the hire a professional who can help you dispute fault for the accident. Nothing happened and I just went home. I paid him for 2 months straight then I stopped. They didnt want to turn it in to insurance. . Its always a good idea to call the police after an accident to avoid situations like this. I have insurance on the car but for her. Now my insurance wont cover the damage because theres no information on the person that hit my car. Even if there were no other witnesses, a lawsuit can be filed and recovery obtained in certain accident cases. If you find out the address isnt valid, you can still sue. The driver that she hit was stopped in the far lane, in the middle of the road, right behind the driveway, waiving a poster board and the cars going in the same direction she was headed were having to move into the turning lane to get around her.) 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. I can understand why this situation would be concerning. I didnt even have the opportunity to hit my breaks. suggestions. My brother didnt have insurance. Second, its always a good idea to get a police report at the scene. She gave her insurance information. The other driver had the stop sign while I did not. Its not too late to make a police report. This man went out and god knows what he did to his car and himself to sustain this image of my husband doing this to him. Hello Moses. In Pennsylvania, the law does not require the police to report minor car accidents. Its not too late to inform the insurance company if you think the other driver may have been at fault. 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. there is a witness who saw part of the accident, but I dont thing they actually saw the hood fly off and hit his windshield. The accident occurred at a one-stop intersection. no police report, no insurance card. I havent talked to the driver only his wife. Should I call and report the accident to them? We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Property damage exceeding $1,000. Their insurance company is contacting me for my statement of the accident. I immediately questioned you called my phone?, what number did you call? He stated my correct number. 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. In any type of personal injury case, the jury is likely to think that the person suing (the "plaintiff") and the person getting sued (the "defendant") are biased because they have a stake in how the case is decided. What can I do if someone caused the car accident but no police report came out. 4 reviews. In these situations, its not uncommon for you to file an insurance claim with your insurer (so you can fix the vehicle) and let your insurance company go after the at-fault party for the damages. If you caused the accident, her insurance company can come after you for the damages. What should I do about it really needing help on what to do they are not corporateing with the agreement that we had. They feel the need to be different when you are already different. 2023 All Rights Reserved. She claimed there was on side of her car however, I hit her bumper! 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. Be sure to keep copies of all the repair documents so you can show them to the insurance company. My husband and the man said yes, no ,yes. Later that nite found out he contacted her insurance company. Investigation has found that the two women left the hotel at 1.45 am, CCTV footage shows Nidhi driving and Anjali . Try to document the exact point of the collision. Decide whether the accident is the result of a rear-end collision or a left-hand turn. *my name* negligently drove HIS car into mine. In many states, an accident can qualify as a hit and run if the driver leaves the scene without exchanging information. Tell us were you in an accident that didnt have a police report? Viewing does not constitute an attorney-client relationship. The other witnesse statement backs up my claim along with my brother statement. You can still sue the woman for negligence (even though you were given a DUI). The statute of limitations determines how long he can wait to file a lawsuit (usually 2 or 3 years depending on the state). The tow driver told us no way he ever applied his breaks. Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident Download in PDF format. However, your car accident lawyer will do everything possible to prove that you werent at fault. So I filed a claim with his insurance company and the agent said they need to speak to him about the incident to move forward with the next step. Police told the family of Ronald Greene that the 49-year-old Black man died after his car crashed into a tree during a police pursuit in May 2019, and in the two years that followed refused to . As soon as i dialed they took off. Hello, there. What do I do? That means the lawyer will earn a percentage of whatever damages you receive. We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! I was in an accident that had no report when I was 9 years old and I am 39. While I was talking to them the woman left. I braced myself and it sent me flying a few feet .. If the attorney is demanding $15,000 you have nothing to be concerned about. The insurance lady belived my husband and who knows what she is gonna do about this now but they have already given this man money for a car that we did not even damage in this manner and now if he gets always with this we will end up paying for what ever bodily damages he has after our insurance pays out what they pay. And he sue me? He really didnt seem to care. Message. If you are involved in a motor vehicle accident, and the other party blatantly lies about fault or even misrepresents facts on the police report, you are not out of options. They got my drivers license and insurance info. 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. I am sorry to hear that you were involved in an accident. Anywayi took responsible for fault in the accident. Could this be true? He never took my brother statement nor the other witnesses, He said theyre not creditable because the police didnt take their statement. Im sorry that happened. He told them not to come back and if they did they would be arrested. 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? She alao pointed put her back bump was already damaged, that I didnt need to worry. I would locate a personal injury lawyer in your area who is willing to provide a free initial consultation. My stopping zone women left the hotel at 1.45 am, CCTV footage shows Nidhi driving and.! But no police report or contact insurance attorney, take a look at our free directory know if its accident... 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