If there is a car accident but a police report was not filed that same day, could there be a lawsuit if a passenger was hurt?

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If there is a car accident but a police report was not filed that same day, could there be a lawsuit if a passenger was hurt?

Asked on April 8, 2013 under Accident Law, Pennsylvania

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

In order to adequately answer your question, more information is needed.  You did not indicate who was at fault or in which vehicle the passenger was injured.  The passenger can file a claim against both drivers, if the facts support the claim.  It may be that both drivers were contributorily negligent.  The fact that the police report was not filed the same day is not a controlling factor, as the police officer did not witness the accident.  I would advise that you consult with an attorney and provide more information.


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