I was in an accident about a month ago. I rear-ended some guy’s car. He didnt want to call the police or the insurance company. He said it wasnt a big deal, the car was old anyways, the damage was minor. We exchanged phone numbers and agreed to call each other later and come up with a settlement. He asked for a sum of 300 dollars and every time I went to give it to him, he wouldnt want to meet. So i stopped calling, about three weeks later I get a letter saying that he’s taking me to court cuz of back injury. Can he make a case with no police report? Should I notify my insurance company? What should I do? What do you think might happen, can he really sue me for thousands of dollars? Please give me advice I would appreciate it.
Its crazy because I must of offered calling my insurance like 20 times before this whole lawyer situation?
#1 by Jody D on April 19th, 2010
Quote
Call you insurance company. Part of the benefit of paying a premium is that the insurance company must represent you at no charge.
#2 by oklatom on April 19th, 2010
Quote
Tell him to go ahead. Then tell your insurance agent what you told us, and he will make sure you are represented if he does take you to court (not likely). Now you know why every accident gets reported, and there is a police report obtained at the time of the crash.
#3 by Kiffin # 1 on April 19th, 2010
Quote
Not only do you need an insurance company representative, it sounds like you also need a good defense attorney. Since there was no record filed of the accident, he may have a problem recovering any injuries, but it’s not worth the aggravation of waiting to find out after being served with a Summons and Complaint, going to Court, and maybe getting the case heard by a sympathetic judge or jury and losing!! Good luck!
#4 by Nate W on April 19th, 2010
Quote
Sounds like this guy lawyered up, and you should do the same. You can call your insurance company and try to have them help you. But waiting this long is not good.
It’s a little too late for you but for anyone else reading this:
ALWAYS GET A POLICE REPORT- it’s tempting not to if the accident was your fault, but as you can see, it’s very very important.
USE YOUR INSURANCE- you’ve already paid for it. Let them handle the legal suits. Sure, your insurance may go up next renewal, but I guarantee it’s still cheaper than a lawyer.
#5 by George D on April 19th, 2010
Quote
You are dealing with a con-artist.
NEVER even so much as move your car after an accident until a cop gets there and writes up a report (the only exception being in the case of a minor fender bender where you might be blocking traffic and causing danger – then pull to the side of the road and wait for the cop).
I would suggest lawyering up and get ready to fight it, though you might end up spending the same amount of money as if you just paid the guy.
Personally, I would go find him, and punch him in the face until he couldn’t talk to a lawyer (or anyone else) anymore.
Then just for good measure I would kneecap him with a tire iron – and ask him ‘how’s your back now motherf**ker??’
#6 by Jifr on April 19th, 2010
Quote
hiya:
Well, gosh. The only reason someone like him would get an attorney is to try and threaten you. That’s like him trying to sic a pit bull on you. But here’s the good news. Personal injury attorneys that would take his case? They’re total pushovers.
So, here’s what you do.
#1. No one’s going to court anytime soon.
If YOU did not report the accident to your insurance company. Pick up the phone and do it now. (Apologizing for a late report is not going to make things any better.) The sooner you get it reported the better. Even IF you had insurance for the date of loss – if you, by your actions, have prejudiced the carrier’s ability to handle the claim…..Guess what? They can deny coverage. ooops. You don’t want that so…get on the horn.
Now…..when you said you got a letter saying he’s taking you to court…….things really are NOT that simple as far as court is concerned. There are filings that have to be done, approvals that need signed, docket scheduling…… and certainly you know – public officials move slower than dirt. And that’s just the court part.
In a suit? Suit has to be filed, answered, interrogatories have to be served/answered, discovery has to be served, depositions….
Do ya really think someone wants to go through all that for a simple back injury? This close to the accident?
Like I said – getting an attorney after you is a bullying technique. They want you to get scared.
Hold your poise! No shaking in yer boots, ok ?
Get it reported to your insurance company (keep your fingers crossed coverage will be in order) and let them sic their injury adjusters on the attorney. He will have to WORK for the money he is trying to rip off the other guy for.
Ok, so…..you’re calling your insurance company now, right?
Good.
It doesn’t sound like you need an attorney right now. If you do – and your insurance is in order – your insurance company will provide a defense for you.
Goodluck!
~jifr!
Oh – and make a police report. Better late than never. (Btw – that is a requirement of your policy. Shhhhhhh)
#7 by mbrcatz17 on April 19th, 2010
Quote
Yes, he can. You need to notify YOUR insurance company. They will provide you with defense costs. Give them a copy of that letter.
Do you have any idea if he even filed a police report? Or taped your telephone calls?? Not that it matters. You just need to get your defense rolling.