What can happen if I was involved in an accident, no police report was filed, and the other driver decides he wants to sue?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can happen if I was involved in an accident, no police report was filed, and the other driver decides he wants to sue?

Now, 2 months later, the other driver decides he wants to sue.

Asked on January 16, 2011 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A police report is not necessary to sue. A failure to make one could potentially lead to certain liability for failure to report an accident; depending on the terms of insurance coverage, a failure to report may be a violation of the insured's duty under the policy; and it may also complicate an effort to sue and/or defend, by denying a common type of evidence--but it's not strictly necessary. All that's necessary is that (1) someone has a good faith belief someone else wrongfully (such as negligently, or carelessly) caused them or their property harm; and (2) that person believes that he or she has evidence to prove the case. If there is a chance you may be sued, you need to report the accident and potential claim to your insurer immediately if you have not done so yet; failure to report suspected or known claims is almost always a violatio of the policy which can deny coverage.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption