If I hit someone from behind butthere was no damage to either car and no police report was ever filed, what should I do now if she calls and claims there is damage?

This was 3 weeks ago.

Asked on December 5, 2011 under Accident Law, Virginia


L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Thank you for submitting your question regarding your possible liability for a rear-end collision in which you were the at-fault driver.  This is a fairly common scenario that you have described.  People will either say that there is no visual damage or that they did not sustain any personal injuries in the accident.  Then a few weeks pass, and that same person is contacting your insurance company stating that there is a lot of damage to their vehicle, and they were also injured in the accident.

At the time that this person reports the accident to your insurance company, your insurer will fully investigate the claim.  It is not enough for someone to call someone else’s insurance company and state that their insured caused damaged to their motor vehicle in an accident.  Not to mention, the accident occurred several weeks ago.   Even in a scenario where a driver may not have been able to notice the damage to their vehicle due to weather conditions or insufficient light outside, the insurance company would still be curious as to why it took weeks to file a claim.

The more time that lapses between the date of the accident and the time that an accident is reported is less likely that the insurance company will believe that the damage on the vehicle is from the accident in question.  The person claiming there is damage would need to prove that your vehicle caused the damage.  The insurance adjuster would examine your vehicle to see if it is possible that your vehicle caused the damage to their vehicle.


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