What are my rights to recover from a car accident when the other person is at fault when we didn’t file a police report, but exchanged information?

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What are my rights to recover from a car accident when the other person is at fault when we didn’t file a police report, but exchanged information?

Hello, I was involved in a minor car accident back in April of 2009. The guilty party rear-ended me at a yield sign while I was slowly pulled up to it and stopped. The other driver and I pulled off to the side, exchanged information including insurance info and we did not file a police report. We did not do so because the accident was minor, no one was injuried, and the other driver made a promise to pay for my damages. I have five witnesses to the accident saying the other driver was at fault. I got two quotes on the damages and I told the other drive of this and he said he would get me the m

Asked on June 6, 2009 under Accident Law, New Jersey

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am assuming the rest of the message is he said he would pay and hasn't? You don't need a police report to file a lawsuit.  So, you take the eyewitness reports (were they notarized), call your insurance company and take it from there.  Your insurance company may simply pay you and then sue the other's insurance company or hire a lawyer on your behalf to sue.

If the accideent is not your fault, your insurance company rates should not go up.


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