If I got into a fender bender over a month ago, can the other driver still claim the accident?

We exchanged insurance information but the police were not called and no accident report was made.

Asked on December 2, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the other driver can seek compensation from you up to three (3) years after the accident in your state. You can refuse to pay, in which case she could sue you--she is not required to put in a claim to her insurer, but rather may seek the money from you. However, you would only have to pay if you were at-fault in causing the accident--for example, you had been driving negligently, or carelessly. To get money from you if you refuse to pay voluntarily, she would have to sue you and prove in court by a "preponderance of the evidence" (that it is more likely than not) that you were at fault in causing the accident.


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