Can her stepfather be subpoenaed since he was the one that told her it was his brother or can they subpoena the cops who responded to her house late that night and saw the state of mind some of them were in? As I was traveling through a intersection the semi turned his signal on and cut in front of me amd proceeded to press his brakes. Im so sorry that happened and Im glad youre uninjured. Officers are usually seen as objective (neutral) and official. We know you have choices. Turns out hers was expired. Just grabbong your information, but doubt I will do anything ere her last words.Mind you, no damage was done to her car from my end. Tyre Nichols . Please, need Guidance. I would recommend talking to an attorney in your area. 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 am from FL. Call our team today at(412) 661-1400 for your free case review. If your wife scratched his car, he has the option to go to his insurance company or sue you for damages. 3. 3 hours go by and Im able to get into my car, hes left and I call him. He even agrees to pay you out of his pocket for the damages to your car. But, it might be a good idea to consult a lawyer to find out what your liability is. I just want to start by saying my accodent occurred in the state of california (same as my residency) a couple of months ago I had parked my car in a parkinglot and as I was getting ready to exit my vehicle, I opened my car door and was immediately hit in the door by a driver attempting to park next to me. Does that help my side? The driver was contacted by my insurance and she has not / will not report her role in the accident to her insurance. My boyfriend was driving my car, I was in the passenger seat, and he accidentally rear ended the car in front of us maybe going about 10-15 miles an hr. 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. The light changed and I started to go. No-Fault Car Accident Liability . Its always a good idea to call the police after an accident to avoid situations like this. In the meantime, I would document the damages to your car (take pictures) and sit tight to see if you hear from the other driver. However, a police report isnt necessary for a lawsuit. Some states require a report for any collision, even if there are no injuries and no damage. That is certainly a unique story. 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. What is the Difference Between Workplace Discrimination and Harassment? He spun me sideways on the highway and I was able to safely get to the side of the road. Identifying information about parties involved may . It was a great move to make sure you got the license plate information. I didnt even know if its an accident or not. I was in a VERY minor incident at a traffic light. My friend then panics and leaves the scene because he had no car insurance. The mechanic on the phone insured me that he would attempt to contact the at fault driver, and would give me a call back once he was able to. Walk into AAA and report it or wait on him in a couple days? It was not my husbands fault, but despite that, the other drive filed a claim with our insurance company immediately after, citing that it was my husbands fault. Can I be charged with a hit and run since I did share my information? Youre required to stop at the scene (which you did) and exchange your contact information. I explain to him searval times that he cut thought the parking lot, i also told him i have 3 witnesses that was there at the sense and witnesses everything including my brother that was in the car with me. Instead, they work on a contingency basis. A car accident with no police report may still be grounds for insurance compensation or a lawsuit. no one follows each other, and he never urged to grab my information or offered us to pull over within the 2-3 minutes the light was red and this all happened. The police were called and no report was completed due to the damages being less than $500. My family is not one to sue, but I realize that my very life could have been taken in a flash. she called my brother ad said she wanted more money because her window had being damaged and if he did not pay her or give her my info she was going to sue him and garnish his wages. 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. Im on SSI and most of my monthly money goes to my bills. The Honda then followed suit. I tried fixing it but I just ended up getting closer to the car. The Atlanta Police Department has suspended the response to non-injury crashes as a result of following social distancing guidelines due to COVID-19. Here is some more information about small claims court. His insurance company called me and ask me if i would accept 1000 for pain and suffering i denied it, he then called my brother with the same offer which he denied also. What happens if I cannot know the cost within the 20 days deadline. She wants a high amount without going to the shop. According to O.C.G.A. Sorry this is so long Im just really fired up about this whole thing ! Avvo Rating: 10. From what it sounds like, neither of you reported the accident to your respective insurance companies and there was no police report. Tje driver offered to pay oit of pocket, but I got his phone number and insurance info. My husband was able to put it back on for him and tied it with a bungee he had in the car. This presumes you have the California minimum statutory car insurance limits, which are: $15,000 for injury to one (1) person in one (1) accident. 2. Its also unclear why they would sue your insurance company, unless they are claiming you were at fault. Pm. Will my liscense be suspended? I mean, this is totally falsely accusing me of something I did not do. The day after I got an estimate amd sent it to him, but he did no respond. I am sorry that happened to your husband, and Im glad to hear that he was uninjured. You can still sue the woman for negligence (even though you were given a DUI). Also Im from NY and this happened in CT. Im pretty paranoid and Im hoping that this wont become a huge issue in the future. Any advise what to do? They have good insurance that will cover costs. Im from NY but I was in CT when this happened. In another place in the report it said there was no distraction. So I got into a wreak last year. She told me to go get some estimates. At this point, my suggestion would be to hang tight and see if they contact you or make a claim with your insurance company. I live in a no fault state. Its hard to offer specific suggestions without knowing all of the facts or the laws of your state. His neighbor told us he had no insurance at the time so we decided not to call the police since we were 2 days away from christmas. In most rear-end cases, the person who strikes the car in front of them is found at fault. But, I think the best thing for you to do is to consult a lawyer. A cop did show up finally, no report was written and the entire time she told the cop that she wasnt hurt! Be sure to keep the information for the witness somewhere safe in case the supermarket denies your version of events. You need to report an accident to the police by dialling 101 - the police non-emergency number - within 24 hours. *my name* negligently drove HIS car into mine. Alyssa Milano. A police report has been made and several witnesses to the scene called it in. At the very least, you want a bill/estimate from a repair shop before paying the cost of repairs. Vehicles are parked out on the street in front of the church, so when you are exiting the parking lot you have to carefully pull out onto the street to see around the parked vehicles. Your have the option of filing a damage claim with the opposing driver's insurance provider. Its certainly understandable why youre so angered by the situation. Physical car accident evidence includes the vehicles involved in the accident and the accident scene itself, typically documented in photographs. This is long but I feel I need to explain it! There was a damage to the car but no personal injury. 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). I know it wasnt the right thing to do but i floored the gas peddle , a high speed race on the Hwy for about a mile and half until (we) my other 2 passangers were close enough to get the tag number. no photos no nothing. But being a PT, the physical therapist debunked the other guy's claims and ended up winning the case. A death. He told them not to come back and if they did they would be arrested. He did not pull up enough to see around the truck and as I passed the truck going by the truck it came out of the parking lot and hit me in the right tire and right door causing injury to my car and we stopped and parked on the side I was running late for a doctors appointment so the person told me they would give me the information I got a picture of his registration and being upset I didnt think about getting a picture of the insurance but since he said we would exchange information and wouldnt have to call police since I was in a hurry. 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. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. He contacted us and got us an quote after almost 4 weeks for complete fender replacement for 2200 bucks. I took pictures of the license plate. If so, the officer could be a useful witness because hell be able to testify that there werent any apparent injuries. Its certainly not unheard of, but most lawsuits dont get filed until much later. You would only file a report If property damage was greater . Once I was done with work I found that they wrote me back and basically called me stupid and said they took pics of my plates but never specifically stated if there was any damage to their car. It was so minor the police didnt even bother filing a report. Im not even sure who is at fault, but i feel frustrated to pay cause im not sure anymore if it was my fault? The tow driver told us no way he ever applied his breaks. Its probably best if you dont provide her with your insurance information, as another accident could have occurred in the 2 months that passed. Get started with a. Mr.Simmons years of experience, and knowledge of the court system would be beneficial to everyone he represents. In most instances, it comes down to a he-said-she-said debate. Often times they're done by security guards or some other sort of campus authority. And the driver in front of me hit his breaks I hit mines and my vehicle sled and hit the back of his car there was no damage done to my vehicle nor his and now hes trying to sue saying I damage his dashboard because he spilled tea on it. If the other person is at the scene, give them your name, address and your vehicle registration. For this reason, I think it would be in your interest to meet with an attorney in your area. Where do we go from here? Property damage exceeding $1,000. He never filled a police report and we really dont have any evidence that this is what happened. The dispute goes to Arbitration Forums Inc., a private company that decides the . Its actually pretty common for symptoms of injuries to show up days (and even weeks) after an accident. Hi Im a minor with a junior license and my dad let me drive his car to work the other day but I ended up parking too close to this other car. 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. Determining who's right in a passenger-commercial vehicle accident. I paid him for 2 months straight then I stopped. I didnt believe I was injured at the time but over the next couple of days my back and neck were so tough and painful i couldnt turn or twist. There was no police report, now theyre sueing my step dads insurance company . I contacted the police and gave them date location and time of accident and they have the report on file but they have the motorcycle driver as unknown and I understand why. I was in a fender bender outside a bait and tackle shops parking lot in Florida. Licensed for 28 years. after i was able to think a little more clearly me and my wife made our police report, and even reached out to the company of the driver to try and figure everything out with them but all they keep saying is that their driver is claiming its my fault and says that it was okay for them not to make a police report. he had to walk all the way home, which is about 3miles from hospital. If she wants the remaining $500, she would have to file a lawsuit (most likely in small claims court). Why Are Medical Malpractice Claims Considered Civil Cases? If the offending driver hasnt fled the scene, a report sometimes isnt necessary (if a driver has been injured, however, a report is required). This is clearly a situation where he sees and opportunity to profit. Did you or your insurance company reach some sort of settlement with the at-fault driver at the time? His reassuring and patient manner was a comfort even as we presented to the State Supreme Court. I have sonce then been having night mares as well as aches The other car had the passenger side damaged. He really didnt seem to care. I called him at 8:45pm and asked him for a copy of his insurance and a copy of the repair estimate. 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). 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. Like good morning your honor. The person who hit me came on the wrong side of the road and got arrested for possession of controlled substance. Accident reports cost $10 each. Regardless, youre able to sue the negligent party (whether its your friend or the other driver) for your injuries. 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. Insight will be great on this situation: my fianc lightly tapped a homeless person today. I dont want to be sued if the insurance does not pay out. Her stepfather and his family are very well known in town for their constant criminal behavior and their numerous trips to jail for drugs, fighting, robbery, theft etc. Hi, I was recently in a minor brush with another vehicle (I say brush because it was seriously ,that) in which I was at fault in a neighboring city where I work in a government position, but dont reside in. He never took my brother statement nor the other witnesses, He said theyre not creditable because the police didnt take their statement. Now, I dont know what to do next, the only information I have about the at-fault driver is his license plate and vehicle information (which his registration expired in 2018). While you are not legally required to report a car accident to police if property damage is less than $1000, or if no one was killed or injured, it may still be a good idea to report your accident to the . 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. There was a camera but I cant find access to it anywhere on line. The other driver declined and said their vehicle was fine. Nevertheless, you can hire an attorney to investigate fault. I would recommend using our free online directory to contact an attorney in your area. Judges and juries are inclined to believe police reports and neutral witnesses over having to determine the truth from competing claims. In general, you dont want to delay making a police report. 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. If there was an officer on the scene, there should be a police report. Without knowing the details or looking at the complaint, its impossible to know how likely it is that hell be able to prove his case. I was rear ended at a red light no police report was filed its been 2 months and nothing has been done cause they can not locate the driver by telephone or mail her insurance or my attorney but they have her address I need my car fixed what should be the next steps. No police report was ever filed. You also might wish to consult an attorney. 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 best time to find a neutral witness is right after the accident. Im sorry to hear youre in this situation. Your defense attorney will also be able to answer whether or not your face jail time, as laws can vary by state. He threatened that my license will be taken away if I do not pay it. There was no police report filed an she even signed something agreeing to pay for my damages. . Sometimes, however, accidents occur and there are no witnesses other than the people involved in the accident. A native North Carolinian and a fourth-generation lawyer, Ralph W. Meekins literally had the desire to help those who are not able to help themselves as well as to be a practical life adviser to people in his blood. CNN . I would consider reaching out to your insurance company or an attorney in your area. But then the lady turned around and claimed that she was! However, by paying her tickets and fines from the incident, has she already pleaded guilty? Hes worried sick about it. We both agreed and her expensive shop came out to $1890 for the small dent. The cops came and said they either go inside or leave because of how loud and drunk everyone was. 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. A lot of the aspects to this accident should have a paper trail that could either support or disprove whats written in the police report. We are also in florida. Hi my wife recently scratched an individuals car in the rear. I DID NOT have insurance at the time. 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. Busy highway and everyone was coming to a stop well the man in front of my husband decided to slam on the breaks way earlier than needed and my husband slammed on the breaks and to avoid hitting him ran the left side of his bumper into the concreat median and the right side hit the cars bumper. You did the right thing in choosing not to give this woman any money. My husband, 2 granddaughters, and I was in the yard when a man and his young son came riding by on motorcycles. However, they were adamant I hit them. The lawsuit will depend on what evidence remains from the accident. In response to todays message which contained threats of being sued because they have received no money for the minor damage, he told them to make a claim to insurance or proceed with making a small claim in court if they wanted to be reimbursed for damages, because he would not be giving them cash without any proper documentation- is this a smart way to proceed with this issue? The physical evidence from the accident will also play an important role in determining fault. Read more about Enjuris. All of these things can help prove your statements. You can find a lawyer using our free directory. If you win your case or reach a settlement, you will pay your lawyer a percentage of the money you receive. Should I be worried? The driver in front of me rolled forward so I let off the brake and rolled a bit too, but the ther driver slammed on her brakes and I was unable to stop in time. KTRK A woman was killed and two children injured when a deputy collided with their vehicle while chasing a robbery . Judges and juries are inclined to believe police reports and neutral witnesses over having to determine the truth from competing claims. She gave me her phone number, and I immoderately report it to my insurance. They can provide you with the next steps. 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. Most agencies now handle accident report requests online, or you can call the police department for instructions. 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. I would recommend meeting with an attorney in your area to discuss your options. Are will i be pursuing payment from him???? 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. I know its hard in the moment, when youre shocked and maybe afraid, and most peoples instinct is to take responsibility, but that can affect your legal options later. The owner of the truck could still file a claim against your insurance or sue you even though he turned down your information. You need to report an accident to avoid situations like this hear that he uninjured. Happened to your husband, 2 granddaughters, and Im glad to hear that he uninjured. 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Knowing all of the truck could still file a claim against your company. A settlement, you can hire an attorney in your area not do driver... Defense attorney will also be able to answer whether or not your face time.
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