If both parties of an auto collision fail to file an incident report, can the at fault party still be sued for damages?

I was involved in an auto accident where
both parties agreed to not go through
insurance and ‘handle it ourselves’.
Now, the at fault driver is refusing to
follow through with the agreed terms.
Are they still liable? And if so, for
how long?

Asked on October 25, 2017 under Accident Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, they can be sued: if there was a written settlement agreement, she can be sued for "breach of contract" to enforce its terms. If the "agreement" was never put in writing, you would sue her for "tort"--for driving negligently and causing the damage and/or injuries.
In your state, a tort claim for personal injuries can be brought for 2 years after the accident; a claim for property damage for 6 years after the accident; a breach of contract claim for 3 years after she failed to honor the terms of the agreement.

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