Should I worry about a fender bender if we didn’t exchange insurance info and make a police report?

Got in a little fender bender at night with a lady  I turned right on a red because she had her right blinker on the 4-way and then went straight so that I kind rubbed up against her (no dents just 1 little scratch that I wiped off with a little spit). Nothing significant at all. No cops called; no information was exchanged. She didn’t write down my license number (no names, numbers nothing) nor did I hers. Also had a witness driving behind me (my girlfriend) that witnessed her signal a turn and then go straight and witnessed her tell me, “Don’t worry about it. Go on home sweetheart”. Am I off the hook?

Asked on August 28, 2011 North Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, you must always file a police report when an accident occurs.  Even if it is a one vehicle accident (you and a pole).  Not filing one can result in a fine being imposed at the very least.  Now, I can understand why you are worried.  Can she claim that it was a hit and run? Yes, I am sure that she can. But you can not do anything about it now unless you want to file your own police report.  I would at the very least inform your insurance company (they may require that you file a police report).  You have a witnss which is good - although she is a bit biased being your girlfriend.  Let's hope for the best and learn from this to always call the cops.  Good luck to you.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have nothing to be concerned about.  These types of incidents are common where there is no property damage to the vehicles and no exchange of information. 

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