I was in an accident and the police were not called. What are the legal options now?

Question Details: I was at fault in an accident with a motorcyclist last night, but neither of us decided to inform the police. There wasn't much damage, but I did smell alcohol on his breath. We exchanged phone numbers but that's it. Can he hold me acountable now for any damages, without there having been a police report filled?

Asked 10/22/2009 under Auto Accidents | 195 View(s) | More Legal Topics

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Auto Accidents Law Answers

I am a lawyer in CT and practice in this area of the law.  The other driver will have to file a lawsuit against you to collect money damages.  there is no police report so it will be a he said she said case as to who is at fault.  if you are sued i suggest that you fight the case and argue that it was not your fault unless it truly was your fault. i also suggest referring this to your insurance carrier to pay for unless you can afford the damages and do not want to have to report the claim becasue you know your insurance will increase.

Any car accident that involves injuries or property damage over $500 must be reported to the police.  Additionally, your insurer will need to be informed of this.  Here's is a site that you should check out:  http://www.dmvflorida.org/car-accident.shtml.  If you do not report this and you are later sued your insurance company has the right not to pay out.

Note: $500 is a very low threshold and you may have met it even without "much damage".  You should report this; it is better to be safe than sorry.

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