How to protect yourself from someone filing a hit and run claim against you?

UPDATED: Dec 10, 2011

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How to protect yourself from someone filing a hit and run claim against you?

I was in an auto accident but it was the other party’s fault. There were no injuries and almost no damage (a little dent in my car and a little scratch on the other). I want to know what I should do now to protect myself from the other party claim it was a hit and run?

Asked on December 10, 2011 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming you had auto insurance at the time of the incident involving the other vehicle, you should immediately advise your insurance carrier by telephone and in writing about what happened. If a claim arises, then you would already have a written record to possibly protect yourself as to it.

As an additional precaution, I would also make a police report about the incident with law enforcement in the locality where the accident happened. Once done, all you can do is wait and see if the other party to the accident decides to make a claim against you.

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 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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