Without a police report, do I still have to pay for damages?

Question Details:

A guy was making an illegal turn and I wasn't paying attention and hit his car. My car was more damaged than his. I have no insurance, but they do. A police report was not taken. So his insurance won't cover it. His wife is making all the demands and declaring I pay for the damages in full as soon as possible. What actions can be taken if I do not pay for the damages?

Asked 12/29/2009 under Auto Accidents | 363 View(s) | More Legal Topics

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Auto Accidents Law Answers

Norman Gregory Fernandez / Law Offices of Norman Gregory Fernandez Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

It sounds to me like the attorney above is mistaken. If the other driver was making an illegal left turn they are liable for your damages. If you sustained injuries in the crash call me at 800-816-1529 x.1 for a free consultation. I do car accident cases all over California.

If there were no injuries, I suggest that you take the other driver to small claims court to recover for your damages.

Robert M. Klein / Robert M. Klein, Law Offices of Answered 2 years ago | Contributor with 0 answers This attorney is licensed in California

My practice is primarily a personal injury practice. It is difficult to answer your question without knowing more about the area where your accident took place. Did the accident take place at an intersection, how many lanes are there, are there any turning restrictions, are there any traffic control devices (lights or stop signs). In order to fully protect yourself, I suggest you take photographs of the damage to your car and photographs of the accident location. Since you did not have a valid policy of liability insurance, under California law your damages are limited to your out-of-pocket expenses (you were not able to make a claim for pain and suffering). Thus, I agree that your best course of action is likely small claims court.

Both parties were at fault in the accident you described; the other driver for making an illegal turn and you for hitting his car due to inattention.  If the other driver had uninsured motorist coverage and was not at fault in the accident, his insurance would pay for the repairs to his vehicle even without a police report.  His insurance is refusing to pay for the repairs to his vehicle because they probably concluded that he is primarily at fault in the accident for making an illegal turn.

Although the other party might file a lawsuit against you for negligence seeking damages for the cost of repairs to the vehicle, you could respond with an answer and cross-complaint  suing the other driver for negligence for the illegal turn which caused the accident.  You could seek damages for the cost of repairs to your vehicle.  Liability in this case would be based on comparative negligence in which a percentage of fault for the accident would be attributed to each party.

Since CA requires auto insurance, you may be subject to various penalties for being uninsured.  One of those penalties is that the DMV won't renew your vehicle registration without proof of insurance.

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