Going to small claims court for accident damages without a police report

UPDATED: Oct 1, 2022

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Going to small claims court for accident damages without a police report

I was in an auto accident where

4 lane road, both of us going the same direction.
She was on the right in a straight only lane.
I was turned into

At the scene she tried to blame me for it by saying both lanes were turn lanes and she was ‘Stopped with her blinkers on.’ Which I did not see.

Her insurance after not even one day of investigation denied the claim against her policy. Stating that since there was no police report it was a he said she said and they couldn’t find her at fault. When I believe it was because they saw a 99 subaru with no collision and just dropped it because they could.

I also learned that she lied to her company by saying I turned into her in a totally different story of what she claimed at the scene.

The photos I provided clearly show the damage down the side of my vehicle past the right tire, and there is no way I could have turned into her and caused that. But with no other witnesses except a girl with her saying the same, no police report, and no security footage that could show anything do I have any chance in small claims court against her. Or would it be a waste of money to file?

Asked on January 31, 2019 under Accident Law, North Carolina


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

Answered 3 years ago | Contributor

You have the burden of proof which is proof by a preponderance of the evidence. A preponderance of the evidence means more likely than not. Given that  it is a he said / she said case, it will be difficult to prove your case by a preponderance of the evidence. Therefore, it is probably not worth pursuing.

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