If I was involved in an auto accident but no police report was filed, how do I prove fault?
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If I was involved in an auto accident but no police report was filed, how do I prove fault?
Due to only minor damages, no police were called. We exchanged information and went on to work. I filed a claim with the drivers insurance company. I was told due to the fact that the police were not called to the scene, it’s a case of my word against hers and therefore they denied my claim. She never filed a claim. Is there any recourse to get her to pay for the damages she inflicted on my car?
Asked on May 5, 2015 under Accident Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, you can sue her. The other driver's insurance company's determination is NOT the final word: you have the right to file a lawsuit, and if you can prove in court that she was at fault (that is, driving negligently, or carelessly) in causing the accident, you can recover your losses or costs. You can prove that with your testimony: if you are more credible than the other driver, the court may believe you and find for you, even without a police report. For amounts under the maximum limit for your small claims court, it is probably a good idea to file in small claims court and act as your own attorney (pro se), since otherwise, attorney's fees could eat up anything you'd recovery. You can get instructions and forms for doing so from your court.
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