Are we obligated to pay financially for possible auto damage and chiropractic care if my son hit a car but no police report was filed?

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Are we obligated to pay financially for possible auto damage and chiropractic care if my son hit a car but no police report was filed?

My son hit a car that abruptly stopped because a bus stopped. The car was driving behind the bus and moved to his lane and had to stop so she slammed on her brakes and my son hit her. There was no damage to either car and she called police but they didn’t get there quick enough so they exchanged numbers. My son gave her my number just in case and she said she’d call him after she had her car looked at. She called me later that day to tell me my son hit her car and that she possibly had whiplash. She told me she didn’t call police so my son wouldn’t get points and my insurance wouldn’t go up.

Asked on April 30, 2012 under Personal Injury, Michigan

Answers:

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

Answered 9 years ago | Contributor

Your son is still liable for the accident even though no police report was filed.  Since it is your insurance, I assume you are the registered owner of the vehicle.  As the registered owner of the vehicle, you are liable for the accident.  If the other driver's car was not damaged, there would not be any property damage claim.  It is possible for an injury such as whiplash to occur without property damage to the vehicle.  If the other driver was injured as she claims, you would be liable for her medical bills, pain and suffering, which is an amount in addition to the medical bills, and wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is based on the medical reports which document the nature and extent of the injuries and as mentioned is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

It would be advisable to refer the matter to your auto insurance company.


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