If I hit someone from behind butthere was no damage to either car and no police report was ever filed, what should I do now if she calls and claims there is damage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I hit someone from behind butthere was no damage to either car and no police report was ever filed, what should I do now if she calls and claims there is damage?
This was 3 weeks ago.
Asked on December 5, 2011 under Accident Law, Virginia
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Thank you for submitting your question regarding your possible liability for a rear-end collision in which you were the at-fault driver. This is a fairly common scenario that you have described. People will either say that there is no visual damage or that they did not sustain any personal injuries in the accident. Then a few weeks pass, and that same person is contacting your insurance company stating that there is a lot of damage to their vehicle, and they were also injured in the accident.
At the time that this person reports the accident to your insurance company, your insurer will fully investigate the claim. It is not enough for someone to call someone else’s insurance company and state that their insured caused damaged to their motor vehicle in an accident. Not to mention, the accident occurred several weeks ago. Even in a scenario where a driver may not have been able to notice the damage to their vehicle due to weather conditions or insufficient light outside, the insurance company would still be curious as to why it took weeks to file a claim.
The more time that lapses between the date of the accident and the time that an accident is reported is less likely that the insurance company will believe that the damage on the vehicle is from the accident in question. The person claiming there is damage would need to prove that your vehicle caused the damage. The insurance adjuster would examine your vehicle to see if it is possible that your vehicle caused the damage to their vehicle.
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.