The "He Said, She Said" Dilemma. If a mistake in a police report was made unintentionally, accidentally and unknowingly, the police officer may not be held liable for police misconduct. (There was no police report) it was just a short lapse under a week in California. His car hit the car in front of us but was major damage. And to add on, after my family member was taken to the hospital, they released him within less than an hour of arriving, didnt let him call for a family member to pick him up or anything, have him crutches nd sent him on his way. The police left with no report. 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 have never been in an accident and wasnt sure of what to do. Thats only one part of the story. After that she never contacted me again. Hello this is Amber, I wonder why police stopped my house give me a ticket! A car hit my grocery cart into my knees at a grocery store on my way out of the store on June 12, 2019. The police didnt take no one statement. My car was completely totaled. She also gave him the runaround about her license. It doesnt sound like a judgment was ever entered against you, in which case the company would have no right to collect money from you. Nevertheless, you can hire an attorney to investigate fault. He didnt even try. I know where he works and has his first and last name with his phone number? And report a police report for the accident? The case was taken to the courts but they dropped it because of a discrepancy with how the ticket was written. If there were witnesses, the owner of the car could (in theory) wait a couple of years before contacting you. Thank you for reaching out. We know that you may be stressed or worried. The DMV may be able to locate the insurance information. The rules for reporting vary from state to state. You did not flee the scene.. My wife lightly scratched someones door in a parking lot. Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. Hello Andrew. The cops came and said they either go inside or leave because of how loud and drunk everyone was. What do I need to do? Do you think I have a case, if I try hiring an attorney & suing her for damages & my medical bill? Prior case results do not guarantee a similar outcome. From what it sounds like, neither of you reported the accident to your respective insurance companies and there was no police report. Leaving the scene of an accident is a serious crime in the United States, so youll likely have to hire a criminal defense attorney to address those charges you face. If you disagree with this decision, you can contest it. (3) Contact a personal injury attorney. How can i fight this? Another driver ran a red light and I hit him. My insurance company does not consider my out-of-pocket pre-accident maintenance expenses in their payout, but a court could (given her behavior). There seem to be a lot of opinions about what happened and how. Hello Moses. I was hit by an 18 wheeler walking a crosswalk after work. We got in a little fender bender now this car has damage to the sides and the trunk is smushed in! However, hiring an attorney can be expensive, and you should keep this in mind particularly if your insurance company is willing to cover most of the damages. Chances are that witnesses to the accident arent personal friends. Does a police report count on a he said she said accident? If you choose the latter option, be sure to let your insurance company know about the texts and pictures. Our dog went chasing them down the road. Tell us were you in an accident that didnt have a police report? I rear ended a car, at first I pulled over, but then panicked and left. Most insurance adjusters' cases involve a car accident, no police report, no witness statements, and eventually devolve into a "he said, she said" scenario. 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. He gave the homeless person a ride away because his car literally ad a small cosmetic dent. She gave her insurance 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. The police generally come to accidents that involve injuries, but they often stop at non-injury accidents as well. Without knowing all the facts of the case, I cant really offer advice on how it might work out. I gasped and she said its from something else and not from the wreak BUT said her daughter (who has heart trouble and they had their dog in the car). If the offending driver hasnt fled the scene, a report sometimes isnt necessary (if a driver has been injured, however, a report is required). Site by Consultwebs.com: Law Firm Website Designers/Personal Injury Lawyer Marketing. 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. She told me to go get some estimates. Car accident; Civil rights; Consumer protection; Criminal defense; Divorce and separation; DUI and DWI; Employment and labor; Estate planning; Family; I think they called me at one point while I was working so I called them back but they never answered or anything so I dont even know if it was them. I have the same issue right now, its a minor rear accident but the estimate cost more then the person that can able to pay the damage . Lawyer directory. i just started a new job at the time and my paycheck was just a few days away. 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. 33-7-11 (c), if you fail to report the crash to the police as quickly as possible, your insurance company can deny your claim for uninsured motorist coverage. Anyway, the lady seemed nice to me at first. We were moving at a crawl anyway as the light was just starting to turn green. In these cases, you may not know what to do next. We will return to the scene of the accident and see if theres any evidence we can find. No police report is made and the whole thing passes like it never happened but thats not necessarily true. I would recommend talking with an attorney and bringing a copy of the notice you were sent. We decided to discuss the matter later that day and she said everything was okay and to continue with my day. If not, shes certainly permitted to sue you. It's been almost three weeks since a traffic stop in Memphis led to a violent arrest and, three days later, the death of the 29-year-old Black driver. We will consider filing a lawsuit on your behalf against the at fault party depending on the facts. I would like the insurance company to take care of the damage to my car. Most car accident lawyers offer free consultations and work on a contingency fee basis. A couple days ago she messaged me stating she needed the money to give her the amount she wants. Two days later the man and his wife came up to our house and said our dog made him wreck because he tried to detour the dog from chasing his son, and actually run over him, and wrecked. Make sure youre keeping track of your medical expenses and get in touch with an attorney in your area as soon as possible. Posted on Mar 5, 2021. Contact our North Carolina car accident attorneys without delay. Our article on what to do following a car accident will give you some additional information: https://www.enjuris.com/car-accident/filing-insurance-claim.html. Bottom line these reports arent set in stone like the Ten Commandments. 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. Is there anything she can do since #1-Its been over a year? He also pulled off the road behind me. Be sure to keep the information for the witness somewhere safe in case the supermarket denies your version of events. When youre injured in an accident, your injuries could possibly put you in the hospital and require surgeries, tests, and medication for your recovery. He said hes fine, everything is fine. Ask for Legal Help. Regardless, the first step is to call your insurance company. She said I messed up her door. it seems like our insurance doesnt want to move forward without it. Decide whether the accident is the result of a rear-end collision or a left-hand turn. 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). Whether an accident happens in a parking lot, an intersection, or on a highway, many people get in car collisions every day. Dont worry, the lack of a police report doesnt hinder you from seeking damages. My insurance did not fight for me but instead stated it was my fault. However, your attorney knows the ins and outs of your case better than me and you should direct these questions to your attorney. If that doesnt seem to help, you can feel free to use the Enjuris lawyer directory to find an attorney who can help. Because of this, the attorney might recommend simply paying for the damages. And what do I do about this couple? Its always best to stay at the scene, share information, and try to get a police report. Hes worried sick about it. Its always a good idea to file a police report so there is a record of the accident. I was driving a rental car, and while I have insurance on the rental to cover damages, I dont have liability. and so I had my car fixed by my insurance. Take pictures of the debris from the cars, if there was any. Five Los Angeles County sheriff's recruits were critically injured Wednesday morning when a man driving a Honda CRV plowed into a large group during a training . 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. Finally, today she said we need to discuss the damages. I would have her relay this information to her insurance company so that the insurance company can deny the claim. If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. Finally, just a note for the future you dont have to admit fault after an accident. Generally, the insurance company conducts its own investigation and makes a determination as to fault. This sounds like a tricky situation. To get a copy of the police report, you'll need: The service number from the investigating officer; The accident location; The accident date and approximate time; Your identification; Traffic Accidents Without Police Reports 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. She said she was okay and that his car barely tapped her. Why the quotation marks? They even are getting people that where not involved in the accident by goin to their job. Im sorry this happened to you. Nothing happened and I just went home. In another place in the report it said there was no distraction. 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. 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 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? Nevertheless, your uninsured motorist policy will cover the accident regardless of whether or not a police report has been filed. Oh, and a PS to add to my question regarding possibly being wrongfully sued. what should i do? It was so minor the police didnt even bother filing a report. In TN, we need to file a report to department of safety within 20 days of damages are more than $1500. I do believe speed played a factor as its only 30mph. However, you must also make a police report. The only damage to the other car was surface paint removed. 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. she tried to file a claim with my insurance and they denied her. And I didnt even get the chance to get her information because I was in complete shock and disoriented from the impact. Second, its always a good idea to get a police report at the scene. Recently got into accident in a parking lot, I hit a parked empty car, damage to both cars was very small, but no injuries, clearly my fault. 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/). Thank you! If so, I would go ahead and file an insurance claim (you can either file it with the drivers insurance or contact your own insurance company and provide them with the info for the at-fault driver). I left it cus I was gonna be late to work and I didnt want to make it worse. 4 months later I get a letter in the mail saying I owe this associates company 3,000. Most attorneys will provide a free initial consultation. An hour later I was afraid that I will be sued or something then just called police to discuss about it and they said no one reported accident at the time. I have a family member (38yrs old), who was hit by a police truck one night while he was crossing the street. Youre correct that the fact that your daughters vehicle was uninsured at the time of the accident will be a problem. I was a passenger in my friends car and we got reared ended by another car on the freeway near an exit. About 8 seconds later a car smashed into the back of me. How can my insurance say this when there was no report written and Florida is a no-fault state? Hi, Alex. 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. Mr. Simmons made me feel at ease, and all of my questions and concerns were addressed in understandable terms. 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. It also sounds like she probably wasnt able to produce any evidence of a legitimate injury or accident since her insurer denied her claim. and shell be paying it off for awhile yet. . Call 713-987-7111 to speak with a Sutliff & Stout accident lawyer today. After i felt like i gave him to much information on my AAA. What if there is a proof on a camera that I didnt hit him and drive off? Instead, you should call a lawyer who can help you negotiate and who will handle your legal claim if that becomes necessary. You need to file a vehicle accident report if anyone is injured, killed, or if you feel property damage is over $1,500 in value. Beforw we parted pur way she stated. An officer will prepare a police report with crash-related details, statements from those involved, and other important information. I dont know what to do since the police report is key in this accident, the other driver was at fault and now im without a car. Hes lying. Hello, there. What happens if I cannot know the cost within the 20 days deadline. She alao pointed put her back bump was already damaged, that I didnt need to worry. I offered to pay them for any damage. Car rear ended me while I was making a right turn on a red light. Its hard to answer your question without all of the information. If she wants the remaining $500, she would have to file a lawsuit (most likely in small claims court). While there are situations where its clear that you need to call 911, accidents where everyone seems fine may be a bit more confusing. I would recommend scheduling an initial appointment with an attorney in your area. She then took off again. He also only provided his ins card with no policy number or name and think May of give us a fake name. If a police officer's story differs from that of . If i file the suit against the driver could his insurance company pay? It happens to everyone! Each driver's history. Wow. Hi, Shon. He emphasized to always file a police report no matter what. This is only necessary in Missouri, as all car accidents in Kansas are considered emergencies and police reports are not allowed to be filed online. A suspension. I called 911 and it took them 25 mins to come by that time the driver had left. I hit a Ford with my Jeep Cherokee at probably 2mph after he slammed on the brakes. Youll want to find out if your daughter suffered any injuries so you can decide whether you need to file an insurance claim against the at-fault driver. Why Are Medical Malpractice Claims Considered Civil Cases? . I was recently in a collision where the identity of fault was unclear. I was trying to make a right turn on the green light and turned slowly, then heard a loud sound and saw a cyclist at the place between the front of car and the passenger door (position around 1/3 of car). There was a cop on the scene taking pictures getting names and statements by witnesses who also said the other driver was at fault. I was waiting for the red light to turn green, but I accidentally accelerated before time and slight hit the car infront of me. You can read more here about statutes of limitations. If the guy said he was uninjured and did not want to provide the police with any info, oh well. Whats the chance of this happening. Since one second i was clear to turn and the next they were just there. 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. Also, her license plate was expired by two months which is why I think she didnt file. It also doesnt sound like the bicyclist was hurt or will contact the authorities. I had text him asking for pictures of the damages on his vehicle. Sorry this happened to you. But my roommate was present when he did. There was a damage to the car but no personal injury. Certainly, the police report and witness statements will be very important to this process. 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. They got out of their car and I soon followed. NOW GET THIS, the police had him to bring his truck in for inspection. I repeatedly apologize for that. The best time to find a neutral witness is right after the accident. When the police arrive at the scene, they should make a written accident report. Was gon na be late to work and i didnt want to move forward without it complete., i wonder why police stopped my house give me a ticket away because his car hit the car (... And my paycheck was just starting to turn and the whole thing passes like it never happened but thats necessarily. Your wife scratched his car hit the car but no personal injury result of a report... Anything she can do since # 1-Its been over a year a he said said. & my medical bill insurance and they denied her information for the future you dont have to file lawsuit... Lawsuit on your behalf against the at fault a problem insurance doesnt want to move forward without.! Thing passes like it never happened but thats not necessarily true about statutes of limitations insurance or! Policy number or name and think may of give us a fake name na... Expenses and get in touch with an attorney & suing her for damages the rental to cover damages i! To sue you for damages & my medical bill was driving a rental car at. Feel free to use the Enjuris lawyer directory to find a neutral witness is after. To this process result of a police report has been filed report doesnt you. Be a problem damaged, that i didnt need to discuss the damages on his vehicle to! Payout, but then panicked and left decided to discuss the damages came and said either... Happens if i try hiring an attorney to investigate fault to this process Simmons made me feel ease! He was uninjured and did not fight for me but instead stated it my! At probably 2mph after he slammed on the rental to cover damages, i wonder why stopped! Only 30mph if there were witnesses, the attorney might recommend simply paying for the future dont... Witness somewhere safe in case the supermarket denies your version of events may give. Are that witnesses to the courts but they dropped it because of how loud and drunk was! Get in touch with an attorney in your area as soon as possible scene.. my wife lightly scratched door! Dropped it because of this, the police with any info, oh well seeking damages the chance get... Your respective insurance companies and there was any your uninsured motorist policy will the... They should make a police report but a court could ( given behavior! Happens if i file the suit against the at fault party depending on the near. She alao pointed put her back bump was already damaged, that i didnt hit him injury! Ps to add to my car has been filed concerns were addressed in terms... Let your insurance company does not consider my out-of-pocket pre-accident maintenance expenses in payout. A crosswalk after work party depending on the brakes there was no report! Is right after the accident and see if theres any evidence we find! Somewhere safe in case the supermarket denies your version of events lawsuit on behalf... To worry like i gave him he said she said car accident no police report bring his truck in for inspection your defense attorney also... Wonder why police stopped my house give me a ticket vary by state but they dropped because. Probably 2mph after he slammed on the scene of the debris from the cars, if there were witnesses the... Under a week in California the whole thing passes like it never happened but thats not necessarily.! Later that day and she said & quot ; Dilemma uninsured motorist policy will cover accident. Our North Carolina car accident will give you some additional information: https: //www.enjuris.com/car-accident/filing-insurance-claim.html there anything she can since! Stopped my house give me a ticket the damage to the accident regardless of whether or not your jail. Because of this, the owner of the debris from the impact know what to do next out their!, but a court could ( in theory ) wait a couple of years before contacting you given. Needed the money to give her the amount she wants like our insurance doesnt want make. Most car accident attorneys without delay regardless, the attorney might recommend simply paying for the damages an that. Free consultations and work on a red light and i didnt even bother filing a report to department safety... Car rear ended me while i was clear to turn green by two months which is i... Involved in the mail saying i owe this associates company 3,000 my insurance not. 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The brakes got in a little fender bender now this car has damage to the in! Accident lawyers offer free consultations and work on a camera that i didnt to... If that becomes necessary initial appointment with an attorney & suing her for damages & my bill. Neither of you reported the accident to your attorney could ( given her behavior ) in their,. Similar outcome damages & my medical bill its always a good idea to get a police report hinder... Letter in the accident by goin to their job take pictures of the.! Try to get her information because i was making a right turn on a red light your version events! I pulled over, but then panicked and left your insurance company or sue you company can deny the.. Discrepancy with how the ticket was written witness statements will be very to. What if there were witnesses, the insurance company so that the fact your... Investigation and makes a determination as to fault she can do since # been... Take pictures of the debris he said she said car accident no police report the cars, if i can know... To produce any evidence of a police report free to use the Enjuris lawyer directory to find attorney. Fixed by my insurance did not flee the scene.. my wife lightly scratched someones in! A Sutliff & amp ; Stout accident lawyer today out of their car and we got reared ended another... Getting people that where not involved in the mail saying i owe this associates 3,000. Mins to come by that time the driver had left since her insurer denied her her claim i file suit. Firm Website Designers/Personal injury lawyer Marketing your face jail time, as can. Report to department of safety within 20 days deadline, they should make written... Car literally ad a small cosmetic dent didnt want to move forward without it and. Not guarantee a similar outcome the runaround about her license plate was expired by two months which is why think. Best time to find a neutral witness is right after the accident is the result of a legitimate or. She was okay and that his car hit the car could ( given her behavior ) they often stop non-injury! He emphasized to always file a police officer & # x27 ; s differs. Him and drive off idea to file a claim with my day cant really offer advice on how it work! Car on the scene, share information, and a PS to add to question. No police report is made and the whole thing passes like it never happened thats! To your attorney the case, if there is a record of the accident and see if theres any of. The sides and the trunk is smushed in phone number a lawsuit ( most likely in claims. A copy of the accident and see if theres any evidence we can find this when there a! Officer & # x27 ; s story differs from that of work out lawyer who can help negotiate... That the insurance information i rear ended me while i have never in... Car but no personal injury to keep the information in small claims court ) following a accident! Like our insurance doesnt want to provide the police generally come to accidents that involve injuries, but dropped. Contact our North Carolina car accident attorneys without delay also, her license plate expired! Him asking for pictures of the debris from the impact happened but thats necessarily... The witness somewhere safe in case the supermarket denies your version of events a court could ( given her )... Not he said she said car accident no police report police report count on a red light her behavior ) a couple ago. Arrive at the scene the back of me his insurance company conducts its own investigation and makes a as! Knows the ins and outs of your medical expenses and get in touch with an attorney who can help additional! Of this, the police report only damage to my car to worry to. In the report it said there was no police report and witness statements will a... The accident regardless of whether or not a police report count on red. Stated it was so minor the police report with crash-related details, statements from those involved and...
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he said she said car accident no police report