If I rear-ended another car but nothing was reported, can I be taken to small claims for damages?

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If I rear-ended another car but nothing was reported, can I be taken to small claims for damages?

I hit a woman’s car over a month ago. I was uninsured, but offered to pay all

damages out of my own pocket. Nothing was reported to the police or to her insurance. Now she keeps asking me for money to cover an increasing estimate I

have yet to see. I have already given her $400 and have told her I want to see an estimate or reciept of damages being fixed but she just keeps asking for cash. If I refuse to pay her cash for this, can she do anything legally?

Asked on February 26, 2016 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you refuse to pay, she could sue you...not having previously reported the accident does not bar a lawsuit. If you rear-ended her, a court will almost certainly find you liable for the accident; she would then be able to recover from you all reasonable costs or losses (e.g, repair costs) which she can prove were caused by or due to you, less any amounts which you can prove you already paid her.


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