At fault accident where other car has no damage but they are claiming damage, I have photos.

UPDATED: Sep 30, 2022

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At fault accident where other car has no damage but they are claiming damage, I have photos.

My car rear-ended another car; mine has a lot of damage but the other car has none, only the trailer hitch was hit. I have photos from the scene. However, the people from the other car are claiming damage. I have insurance but really do not want to go through them because my insurance payment will go up. Also, the other people or their insurance company, I’m not sure which, got a collection company involved. I feel like they are trying to claim damage when they had none. Is there anything I can do?

Asked on December 5, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they don't sue you, there is nothing you to need to do: only if you are sued and they win will you have to pay anything (though if you hit them from behind, they will amost certainly be able to prove your fault--the rear driver in a collision like this is almost invariably considered to be at fault). If they do sue, even if they prove your fault, they can only recover compensation from you for the damage they can prove you did; they will have to provide testimony and evidence supporting the damage they say you caused, and you can provide your own testimony and evidence (e.g. the photos) to refute their claim. They will only get, if they sue, what the court believes they proved.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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