If I did not file a police report, can I sue them or get anything out of them for the damage even if it is minor?

A police report is not required to either turn it over to their insurance or to sue them in court.

A police report will help, as would other witnesses. But you have the legal right to sue for your damages

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Originally Posted by Fr_Chuck

A police report is not required to either turn it over to thier insurance or to sue them in court.

A police report will help, as would other witnesses. But you have the legal right to sue for your damages

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Absolutely correct - IF you have damages and IF you can prove them and IF it's not your fault. Witnesses always help and, in fact, Police are actually after the fact witnesses. Police Reports are not "binding" and, in fact, often add more confusion to the matter.

So turn the accident over to the insurance company and let it fight it out. Or go directly to Small Claims Court.

Ok so I have a question now, although a police report doen't matter, wouldn't it be their word against yours as to who's fault it is without any witnesses either?

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Originally Posted by Tbaby2011

Ok so I have a question now, although a police report doen't matter, wouldn't it be their word against yours as to who's fault it is without any witnesses either?

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Certainly. If you and the other driver are the only witnesses, it would be your word against theirs in any event. Police reports, if made, often are made by officers who didn't see the accident. In that case, they could only record what the actual witnesses have said about the accident.

Agree with AKL - Police for the most part are after the fact witnesses BUT their accident reconstruction experts ARE expert witnesses if it comes down to that and their photographs are ALMOST ALWAYS taken immediately after the accident; therefore, they are more valuable than photographs of the accident scene taken at a later time.