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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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