Who has the burden of proof in a no-damage, no injury auto accident?

My daughter bumped into the back of her best friend’s car doing approximately mile per hour. They were following each other in a long line of traffic when my daughter bumped her car. They both got out and looked and there was no visible damage, no paint transfer, etc. They did not file a report and they did not take pictures. This friend’s car was rear ended previously and from her own statements, they never got the damage repaired. Now, this friend’s parents are going to get an estimate on her car and they expect us to pay for damages. Can they do this? Do they have to prove that my daughter’s car caused the

Asked on June 6, 2017 under Accident Law, Utah

Answers:

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

Answered 3 years ago | Contributor

The party claiming property damage to their vehicle has the burden of proof.
They are committing fraud for claiming the pre-existing damage was due to the no damage "bump".
It would be advisable to refer the matter to your insurance company and let your insurance company handle it for you.


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