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

Answers:

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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