General Question

emmaroxx's avatar

Is it true that if no police report is filed at the scene of an auto accident, that neither parties is liable for damages?

Asked by emmaroxx (3points) April 14th, 2009

accident happened about a week and a half ago. i hit someones bumper and neither of us filed a police report or reported the accident to our incusrance companies. Now, the driver wants me to pay mucho dollars for a new bumper.

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8 Answers

qualitycontrol's avatar

not in Massachusetts, as long as you tell your insurance company it doesn’t matter if there was a police report filed but it helps. where are u located?

robmandu's avatar

Varies by state. Some (like California, I think???) are no-fault which means both parties pay (or their insurance companies do).

In any case, what you should have done is exchanged information with the other driver at the time of the accident:
– name & address
– driver’s license number
– license plate
– make, model, year, color of the car
– where & when
– take pictures if you can

At this point, what you want to do is call your insurance company. And notify them. You pay them money just for this kind of thing. Let them run the interference. Let them pay the bills.

BTW, in this kind of situation, if one person gives money to the other directly, then the person who received money is likely no longer able to collect insurance money at all.

The answer to your question is: No, that’s not true. Liability is not based on a police report. The insurance companies can decide liability based on the facts of the case.

LKidKyle1985's avatar

Well that’s kind of shity that you hit someone and now you are trying to screw them out of fixing their bumper.

Depending on how hard you hit them, there is a bar that you can break in their bumper that has to be replaced. That is what is costing so much. If you don’t fix it, the next jerk that rear ends them will do much more damage than a snapped bar in the bumper. Also, just because it was a week ago doesn’t mean it is too late to file a report either.

You should probably pay the person or have your insurance pay it. If you don’t believe the guy on the price just ask him exactly what needs to get fixed and call a mechanic to get another quote.

The_Compassionate_Heretic's avatar

No that’s not true at all.

If this driver is going to hit you up for money directly then that’s a no go.

All claims absolutely must go through insurance carriers. This driver has 0 right to demand money from you if they have not filed a claim. Did this driver ever show you their proof of insurance?

Unless action is taken through insurance companies you have no reason to pay whatsoever. This situation sounds suspicious if they’re asking you for money directly. There should be no direct contact between the two of you.

dynamicduo's avatar

This depends 100% on where you live and the laws in your area.

You were the instigator of the damage. Rear ended accidents are almost always are the fault of the person behind. There’s very little leeway in terms of how this will affect your insurance when you report it (that is to say, your insurance costs will likely go up if you report this accident).

The easiest thing for you to do now is to contact your insurance company and let them deal with the situation. You could alternatively choose to pay for the guy’s bumper repair and try to instill some honesty by having him get a second evaluation, but this sets you up for risks in the future, such as being sued if that person develops medical problems as a result of the accident. Not to mention your insurance won’t like it if they find this out, and depending on the terms and contract you agreed to, it could be grounds for them to cancel your insurance policy.

Darwin's avatar

It is not true at all. However, not having a police report can make it much harder to establish who did what to whom and may upset your insurance agent depending on where the accident happened. In addition, it is now on a he said/I said level, and this person could file suit against you. That may not mean they would win, but it doesn’t guarantee they wouldn’t.

Someone claimed that I hit their car in a parking lot once. I wasn’t even present in that place that day, and there was absolutely no damage to my vehicle. I found out because they sent me an irate certified letter and filed in small claims court to get their deductible back from me. I contacted my insurance agent and their lawyers handled it all, except for the additional nutty letters from the person. I simply started writing return to sender on those and eventually they gave up.

You should have exchanged info with the person you hit and called your insurance agent at the time. You should do that now so that the company can send an expert out to look over the damage and calculate what it really should cost to repair it. However, since the time of the accident it is possible more damage has happened to the guy’s bumper, but no one will be able to tell now.

Your insurance is protection for you – next time invoke it.

Judi's avatar

@robmandu ; California is not no fault. Oregon is and it is a bum deal for good drivers. everyone’s insurance rates go up.

kritiper's avatar

No. It is up to the parties involved to settle if one side wants to.

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