Can I take a person to small claims court and win if they hit my car in a private property area but there in no police report?

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Can I take a person to small claims court and win if they hit my car in a private property area but there in no police report?

The person that hit my car admitted that they were at fault and that they would pay for the damages. They gave me a fake phone number. After I tracked them down, they refused to give me information on their insurance company. I want to take this person to court but I am worried I don’t have enough valid evidence because there is no police report since the incident happened on private property. However, I do have witnesses and text messages proving that the person who hit my car would not disclose with me, any information about their insurance company.

Asked on April 18, 2012 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A police report is not a legal prerequisite for a  negligence or auto accident  lawsuit; you can sue someone who was at-fault in damaging your property despite lacking a police report. The standard of proof is "preponderance of evidence," or "more likely than not"--as long as you believe you have sufficient witness testimony and/or statements (including emails or texts) from the at-fault person to persuade someone that it is more likely than not that he was at fault in causing the damage, it would seem to be  worthwhile to bring a small claims lawsuit.


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