What can I do if someone filed a claim with their insurer regarding an incident in which there was n visible damage?

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What can I do if someone filed a claim with their insurer regarding an incident in which there was n visible damage?

I pulled out of parking lot just before the car my on right side also pulled out. They backed into my bumper,we both got out to see what happened. We both even thought there was no damage. I asked,

Asked on May 21, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, contact your own insurer: since insurance is being brought into this, you need to bring your insurer into the loop so they can react to this, defend or pay for you as appropriate (and as required under your policy), etc. If you fail to do so, a failure to contact them in a timely fashion can violate obligations in your policy about notifying them of claims and potentially entitle them to *not* defend you or pay on your behalf.
Second, if contacted by the other insurer, while you don't have a legal obligation to speak to them (unless subpoenaed), if you believe the facts are on your side, truthfull, without embellishment or exageration, tell them those facts--*if* your own insurer suggests that you respond to them. Follow your insurer's advice as to what to do or say, which is why you want to contact them soon, before the other side contacts you for information or a statement.


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