If someone backed into my car and I decided not to call the police becasue they agreed to pay me, can I later sue them if they change thier mind?

We made an agreement for the person at fault to pay me for my damages. Is it possible to sue them in small claims court later?

Asked on October 15, 2014 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you could sue them if they do not pay you for the damage. Filing a police report is not a pre-condition or pre-requisite for a lawsuit for damage. (It may be a pre-requisite to filing an insurance claim under your own policy, if you have applicable coverage--check the policy to see what your obligagtions are). Suing them in small claims is viable and legal option.

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