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-   -   Was in a car accident, no police report was filed. Can she sue? (https://www.askmehelpdesk.com/showthread.php?t=687306)

  • Jul 26, 2012, 02:26 PM
    Oh89cbus
    Was in a car accident, no police report was filed. Can she sue?
    A week ago I was in a car accident. We were at a stop light, she began to accelerate and then slammed on the brakes, I hit her car from behind but could not have been going more than 15-20 considering we were at a stop light and I was already braking. I know 99% of the time the car from behind is at fault. However her car took little to no damage, while my front end took a decent amount of damage (she was driving a big SUV, mine was a Honda accord). She was fine got out of the car and we exchanged info. She then left even before I did and the police were not called and no report filed. I immediately reported it to my insurance company. A week later I received a call from my insurance stating she had filed a claim for vehicle damage and injuries, and that she had retained a lawyer. Could she possibly sue me? She was not injured at the time and had no damage, she by her own will did not call the cops but now she's trying to collect medical expenses and possibly more. My insurance covers injuries but what if she tries to sue for more? Does she really have any grounds considering she didn't think it serious enough to even call the cops? Seems like she sat and thought about it and then decided to see what she could get out of me. Would love any insight that can be offered
  • Jul 26, 2012, 03:41 PM
    Fr_Chuck
    She will settle with your insurance not sue, but yes she can sue.

    In accidents when struck from behind, the medical issues often don't happen till the next day or two. So she could have medical claims.

    Just let the insurance company handle it. They will pay or settle with her, if not, if she sues, they will have a lawyer there.
  • Jul 26, 2012, 03:44 PM
    Wondergirl
    Let your insurance company handle this. They have lawyers to deal with law suits (subrogation). You did all the right things.
  • Jul 26, 2012, 03:45 PM
    Alty
    Very small accidents can lead to injuries, and like Chuck said, many of those injuries, especially if it's a neck injury or a back injury, can take days to manifest. She may have felt fine right after the accident and then woke up the next morning in severe pain. Been there twice.

    If there wasn't considerable damage (where I live it's over $1000) the cops don't need to be called to an accident, and a report doesn't need to be made. You exchanged info, you contacted your insurance, which was the right thing to do. Now let them handle this, that's what you pay them for.

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