Minor accident car hit already had damage. Can this person file a claim against your insurance without a police report in Wisconsin?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 26, 2012

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Insurance Question from Brookfield, WI

Asked on 06/26/2012

Minor accident car hit already had damage. Can this person file a claim against your insurance without a police report in Wisconsin? NULL

Answer given on June 29, 2012

If you are in an accident that was your fault, your insurance company is expected to reimburse the other party for the damages to their car. If there was previous damage to that car, then your insurance company will investigate the incident and try to determine the amount of damage caused by your car, and will only pay for that damage. Hopefully the damage caused by you was in another area of the car, which will make it easier for your insurance company to determine the extent of damage you caused. If not, it will be more difficult, but that is up to your insurance company to handle.The other party can file a claim against you whether there was a police report or not. Many police departments will not come to the scene of an accident unless there is an injury involved, so it may not be possible to have a police report. In addition, the police report is made after the fact, and does not mean the determeination of the officer making the report a complete determination of fault. Your insurance company will speak to you and the other part to try to determine fault.

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