I’m at fault for an accident but was not cited due to sun conditions, amI liable for sdmaged to a car thatI hit?

UPDATED: Nov 8, 2010

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I’m at fault for an accident but was not cited due to sun conditions, amI liable for sdmaged to a car thatI hit?

I hit an empty parked car and the police officer said the sun was obviously a factor in the accident and did not give me a ticket for the accident (nor was there a report). I did not have insurance at the time and the other party did. I have not heard anything from the other party or her insurance company. What is the process? Is her insurance company going to contact me and ask me to pay for her damage? Does the fact that there is no record of the accident factor in at all? Since there is no record of the accident, does she have any legal claim to make me pay for her damage?

Asked on November 8, 2010 under Accident Law, Virginia


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

Answered 12 years ago | Contributor

What do you mean there was no record of the accident?  Wasn't a police report made out?  Even if the police thought that the sun was a factor they should have made a record of the accident.  Yes, you are liable even if the sun was a factor.  If you could not see then you should not have proceeded to drive.  The other car, if they have insurance for these repairs, is going to have their car repaired under their insurance and then their insurance company is going to sue you for the money.  It is known as subrogation and it is permitted under one's insurance policy.  Get legal help here.  Good luck.

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