If my car was hit by a friend about 2 months ago but I didn’t file a police report, is it too late to file one now and file a claim with my insurer?

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If my car was hit by a friend about 2 months ago but I didn’t file a police report, is it too late to file one now and file a claim with my insurer?

My friend does not have car insurance and said he would repair the damages within a month but hasn’t.

Asked on May 2, 2015 under Accident Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may be able to file a police report, but they will wonder why you did not file it before. You can try claiming with your insurer, but they may have grounds to not pay, since you have most likely violated your obligation in the policy to make them aware of claims in a timely manner; they may also suspect fraud based on the delay--that matters did not happen as you claim, since why else would you have waited? And you can sue your friend for the money, if he was at fault (e.g. driving negligently or carelessly) in causing the damage; for smaller claims, you can file in small claims court, acting as your own attorney.


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