What to do if I was involved in an accident but there was no damage to either car so we didn’t call the police or file a report but now the other driver is trying to sue me for damages?

There weren’t any damages to begin with.

Asked on November 8, 2015 under Accident Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have two options:
1) Pay--either the full amount, or some lesser amount that you and the other driver can agree to; or
2) Refuse to pay, let him or her sue yoyu, and defend in court. To win minwy from you, the other driver will have to orove three things:
a) You were at fault in the accident--you only have to pay if you were the at-fault driver (e.g. driving carelessly);
b) You caused the damage or injury (that is, it was not pre-existing or did not have some other cause)
c) The amount or extent of the damage or injury--he can only get what he can prove.
Whether to settle (pay) or fight depends on whether you thi k you were at fault and how much they are looking for from you.

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