(I was at fault) I gave them everything other then my insurance (bye mistake) and didnt get there information other then there phone number what can I be expecting. It was parked on my side of the road to the side. With our help, we can possibly help you recover damages for medical expenses, lost wages, pain and suffering, and more. She slammed the brakes because she was speeding ame merged and cut into my stopping zone. Most car accident lawyers offer free consultations and work on a contingency fee basis. Hello, I recently hit a parked vehicle about a month ago. Youre free to use the Enjuris law firm directory to find a lawyer near you. I found out that the truck is his mothers and she is the policy holder. For example, some only require it when theres physical injury, others have a requirement when the property damage is more than a specific amount of money. She was under the influence as well. They got my drivers license and insurance info. 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. It happens to everyone! Here are factors that may affect the believability: Witness statements after a car accident can be crucial. You can read more here about statutes of limitations. You should call the contractor/company that owns the vehicle, explain the situation, and provide details (location, date, time, etc.) Theres no police report number but the forma do have the county clerks stamp on it and it looks real. Hi, Eric. We were on a 3 lane wide, semi in the middle and me on the right. Its unclear from your description of the events whether your friend negligently caused the accident, or whether the vehicle behind you negligently caused the accident. 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. He also played 7 years in the NBA WITH Lebron James but swear he hasnt got anything. Nevertheless, I would still recommend meeting with an attorney. If the other party doesnt file a claim before the statute of limitations runs, theyll lose all of their negotiating power. If he can provide a statement that there was no accident, that would help your case. Nothing on this site should be taken as legal advice. I assured her that he was in fault but offered to pay half anyway. Fast forward two years and I get a summons/notice to MY name that the other driver is suing ME for the full amount allowable by law ($6,000 plus 10% interest from the date of the accident which is BS anyways because his car is the same year as mine, but a crappier make/model and he had less damage then we had. My son tried to have the report amended, the police aid refused to amend or add his statement. The guy was all mouthy and saying he knew this person and that person. I am bleeding right now and have the pictures or whatever you use to claim that this is not current. If the other car didnt sustain any damage, the owner may not file a claim. Every now and then traffic would move a couple of inches. Any advice? She hadnt had the car long when it was hit. Im at a loss on how to resolve this . The accident still happened regardless of whether or not theres a police report of it. You did the right thing by contacting your insurance company. We also took pics but unfortunately, the tag was blurry. I filed a claim with his company and I have documented messages of our brief correspondence. I have insurance on the car but for her. 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. Based on what you described, it sounds like the pickup driver is either at fault or at least partially at fault. I would have her relay this information to her insurance company so that the insurance company can deny the claim. They feel the need to be different when you are already different. What are my options, My 10 year old daughter was hit while a man mad a right hand turn into a neighborhood . 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. How to Win a He Said, She Said Car Accident Case. In some states, the information on this website may be considered a lawyer referral service. What are the chances? My husband and the man said yes, no ,yes. It may quickly turn into a he said/she said arguing match when the police arrive at the scene. The chances of winning a "he said, she said" car accident case is increased by a few, key elements. If there were witnesses, the owner of the car could (in theory) wait a couple of years before contacting you. Present whatever facts you have, along with a copy of the claim that was served to you so that your lawyer can advise you on how to proceed. If a mistake in a police report was made unintentionally, accidentally and unknowingly, the police officer may not be held liable for police misconduct. The question here is, why is this happening after 2 years and what kind of lawyer do I need? The person in front of me stopped suddenly, so I did to. So to answer your question: No. There are several steps you should take immediately following a car accident: Call an ambulance if anyone is injured. My husband and the man exchange info and are done. This person says that I hit his car with mine and escape. Im stuck with medical bills and a towed out vehicle. That is a thoughtless answer. Any information would be helpful, and thank you in advance. He didnt call police. My car is also the only vehicle my family has but I couldnt really drive without insurance legally but I cant pay insurance unless im working and I couldnt work if I didnt have a car. In the header it has the title Citation TRC 99 and 106. I have worked so hard to clean up my past. immediately without giving her any personal or Insurance info. New Member. I accidentally hit the car from behind but because he breaked fast last minute & so I have his information & I have his & no damage was done to his car only his tire but he fixed it & no cops showed up its been 24 hours & nothing was filed & but my insurance calls me saying someone filed a claim & so now theres a claim if the person at fault calls me & I dont answer after he has my information my license plates and I dont go through with my insurance claim can he still sue me ? Can I still turn around and sue her for negligence? She gave me her phone number, and I immoderately report it to my insurance. 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). I backed up into a car while at work and went to let the person know, she came outside and said not to worry about it. A plaintiff can absolutely come back days or even months later and decide to sue you, even without a police report she just has to be within the statute of limitations. Thank you very much. I am trying to write the defendant answer myself but it is tricky. i think if something hit my windshield i would most certainly break, swerve, spin or something. Hi, Kathleen. I was backing out of a parking space as a car drove into me. I was at a red light yesterday afternoon (Lexington, KY) and the light was about to turn, so everyone started moving forward. Often times they're done by security guards or some other sort of campus authority. I suspect that she has the right to ask for a report from the plaintiffs mechanic, proving the cost of repairs, then use that in comparison to the police report in case of any inconsistencies. In most states, the statute of limitations for a personal injury/negligence claim is 3 years, so if thats true in your state, hes still within the time frame to file a lawsuit. He says because of this he injured his hand and now wants us to pay for the doctor bill which is $500. Any advise? I do believe speed played a factor as its only 30mph. I called the company driver safety line and have not gotten a call back. Is there a possibility for something to happen in the future? First of all, the other driver CLEARLY didnt read the police report that he attached when he filed with the court, because while it lists me (who is not a HE by the way, Im a woman) as the owner of the vehicle (my husband and I werent married at the time of the accident and he was using my vehicle to move a piece of furniture to our home), I WAS NOT DRIVING! At this point in time I have lost motivation to be nice. I examined both vehicles and my car received minimal damage to the right front bumper while the Honda had damage to the right bumper and headlight. a girl who was on probation for DUI hit my car which now needs a new bumper. Now the father of the owner is wanting me to pay for the damages that his daughter said were already there. There was a camera but I cant find access to it anywhere on line. In many states, an accident can qualify as a hit and run if the driver leaves the scene without exchanging information. 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? Photo: Frazer Harrison/Getty. He stayed the fault was hers for an unsafe lane change. After a a month I explained I only work part time so I would need a year or two to pay her 3 grand. i dont want to file a claim bc of family issues or what can and cant she do? I have never sued anyone as I usually am very forgiving, however I may have just hurt myself with kindness. She told him he was lying . Neither of them are returning calls or emails from their insurance company. Both vehicles pulled into a parking lot to make sure all was ok. My 1 daughter took pics of damage but the owner to the damaged car told both of them the dents and scratches were already there before she got hit. I really appreciate the advise provided here as I thought I was in the clear with no police report. I was heading down a road entering a small town. The police came after about an hour. If you win your case or reach a settlement, you will pay your lawyer a percentage of the money you receive. 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. Regardless, youll want to discuss your situation with an attorney in your area. She didnt file a police report or tell her insurance because she didnt want her insurance to go up so she is paying out of pocket for the damages. Like good morning your honor. Viewing does not constitute an attorney-client relationship. If you're lucky, the place you have the accident at MAY do an "incident report". However, law enforcement officials must file a written report if any of the following has occurred as a result of an accident: An injury. Hello Andrew. Regardless, youre able to sue the negligent party (whether its your friend or the other driver) for your injuries. You can find a lawyer using our free directory. My husband totaled our car a couple years ago, so I didnt want anything on our insurance. The fact that the police didnt file a report helps your case, but not a lot. Whats my best course of action, as the individual I hit does have insurance. You are only responsible for the damages that you cause. Third, your daughter certainly has a right to see the mechanics estimate. Second, you could seek advice of a personal injury lawyer. Unfortunately, not all car accidents are straightforward. Typically, a person is at fault for rear-ending another vehicle. The Honda then followed suit. But, youre also correct that the plaintiff should be claiming the amount that they paid for damage to their vehicle (unless there were other costs, like medical or other expenses). Be sure to keep the information for the witness somewhere safe in case the supermarket denies your version of events. I have at fault drivers driver license. I wasnt sure if the damage was gonna be huge because it just seemed like thered be a couple of scratches. Which is the only shift this officer works! Good question, thank you for asking. 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. Once I got home the police pulled up right behind me. My insurance has been trying to contact hers no one answers and theres no call back/ leave message option, Hence, my total loss will be covered by my insurance for her having no provable insurance. Hello Maria. Yes, the individual can certainly sue you if you ignore them. Could this be true? Please help me help my niece!! Should You Report Minor Car Accidents in West Virginia. She said the driver that hit her was impaired and uninsured but when I called to get the report with the number she gave me the number was false and theres no record of my car being in an accident. Or, if it is meant for you but the accident never happened, they can handle that scenario as well. I hit her and she went down on the pavement, got up and fell into some bushes. There was no police report, now theyre sueing my step dads insurance company . I am sorry this happened to you. He says I ran the red light. Sometimes potential clients who get in a car wreck have no police report associated with it. I was scared and panicking since it was my first car crash and said that it was my fault when in reality it wasnt but he was smart enough to record everything. My mom thinks this lady already had something wrong with her car and just wanted her car fixed for free and she probably didnt have insurance either. I was on Vacation and left my car with my mother to have while watching my dog in case of an emergency. She told me to go get some estimates. 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). Iam nack home in ohio and cannot confront them about the run around they are giving me and the insurance company. but wasnt 100% sure because she just met him at the BBQ. Car accident; Civil rights; Consumer protection; Criminal defense; Divorce and separation; DUI and DWI; Employment and labor; Estate planning; Family; Any advise what to do? Thank you! Im not even sure who is at fault, but i feel frustrated to pay cause im not sure anymore if it was my fault? Attorneys at Law. So when he left my roommate and I went to the local police station and talked to an officer. We also exchanged numbers and I texted later on in the night asking if hes ok and said sorry again. I went to the er. 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. and if it hit the other drivers windshield, I cant imagine that he would have not braked or swerved. Im from NY but I was in CT when this happened. 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