I was recently in an accident where I was not at fault but I was uninsured and with a suspended license at the time. The other party and I agreed to not call the cops at the time and settle the matter between ourselves.

We exchanged information and i gave her 100
for the damage on her car. While the accident
wasn’t my fault and my car received way more
damage, I was scared because I knew my
license was suspended. I told her I would help
her pay for the damage on her car and we left it
at that. Now she is demanding money from me
more than what the damage is worth and
threatening legal action if I don’t pay her. Can
she pursue legal action against me if there was
no police report of the accident?

Asked on March 26, 2016 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can be sued if there was no police report: a police report is not a requirement or prerequisite for being sued. If you were not at fault, she should not be able to get money from you: a driver is only liable (responsible to pay) in an accident to the extent he or she is at fault in causing the accident. If she can convince a court that you were at fault, she can recover from you all costs or damages you caused her, less the $100 you already paid her.


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