Will I be liable if a police report was not written after the accident?

UPDATED: Sep 30, 2022

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Will I be liable if a police report was not written after the accident?

I rear-ended a car. Although it was my fault, the cop did not see any damage or reason to write

a report. The woman in the other car chose not to file a report but is not calling me asking for $300 for damages. She has a picture of my driver’s license and is threatening to take action. Is there any course of action she could possibly take?

Asked on October 10, 2016 under Accident Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, she can sue you for the money. Since you rear-ended her, you are almost certainly at fault--the law presumes that the rear driver in this type of collision was negligent, or careless, due to not maintaining a safe following distance or speed, or not paying attention so as to stop in time. Therefore, if she could prove the repair cost, such as in small claims court, she can win the money from you. (Of course, that's only if she files a lawsuit; if she does not sue, you do not have to pay.) The lack of a police report or a finding of fault by the police is irrelevant--it does not control a civil lawsuit, and she can sue regardless of what the police did or did not say.

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