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ChihuahuaMomma · Nov 21, 2007, 07:00 PM

Okay so here is the story:

I rearended someone. It was my fault, I was texting. We both pulled over and decided it was too minor to exchange insurance information. I had a dented license plate, she had nothing, I mean nothing.

Can she later on change her mind, and tell her insurance company that I rearended her? What could they do? There was no damage except to MY license plate and a hood emblem.

Thanks in advance for your answers and advice.

ChihuahuaMomma · Nov 21, 2007, 07:02 PM

I rearended someone and that someone knocked the eblem off my hood, that and a bent license plate were the only things that were damaged. My question is where could I find a replacement emblem for a 1994 Saturn SL?

TxGreaseMonkey · Nov 21, 2007, 07:03 PM

Salvage yard.

ScottGem · Nov 21, 2007, 07:04 PM

Yes she could decide to report it.

ChihuahuaMomma · Nov 21, 2007, 07:06 PM

But my question is... what would she report? And how would she have proof? She doesn't have my information and she has no damage..

ScottGem · Nov 21, 2007, 07:10 PM

She may have noted your license plate afterwards. She could claimmedical problems

ChihuahuaMomma · Nov 21, 2007, 07:13 PM

She could have, but I doubt it. She left first. And I don't see how she could claim medical problems when she didn't even realize that I hit her, she was wondering why I was waving her over... But, yes, I suppose if she was a dishonest person she could.

JoeCanada76 · Nov 21, 2007, 07:13 PM

It all depends, How much time passes, was there any witenesses. Etc...

As far as laws are concerned I am not sure, but I have been in the same situation as you and worried about the same thing you did but nothing happened.

On the other hand just a while ago I had a lady back into me. Everything was exchanged and done properly. It was her fault and her insurance ended up taken the blame.

Have had both experiences but rest assured there are honest people out there and that I personally do not think you need to worry about somebody coming back and changing there mind. No information was shared and everything was okay.

Wondergirl · Nov 21, 2007, 07:15 PM

I used to work for State Farm. She could claim whiplash and show that she is visiting the ER or her doctor or a chiropractor for (continuous and ongoing) treatment. Medical complaints are the biggest reason for rethinking an accident, especially a rearend one.

ScottGem · Nov 21, 2007, 07:16 PM

Some times pains may be a delayed reaction. But all we can do is speculate. You asked if its possible, we are telling you it is.

Wondergirl · Nov 21, 2007, 07:19 PM

Are we going to continue to text while driving?

JoeCanada76 · Nov 21, 2007, 07:41 PM

That is another point I was going to make is that when you do something like that it should teach you and scare you enough not to do that again. It is a scary thing and it could have been a lot worse.

Fr_Chuck · Nov 21, 2007, 07:54 PM

They can decide latter there is a bent frame, that they now have whip lash, that there is serious heart problems because of their concern, they will miss months of work because of this.

Without a police report, ( maybe that text phone was also a camera and you took a lot of photos of the accident)

But they can sue you, claim you refused to give them any info or drove off and so on. Without a police report, they can sue you for all sorts of money if they are dishonest.

JudyKayTee · Nov 22, 2007, 09:51 AM

Originally Posted by Fr_Chuck

They can decide latter there is a bent frame, that they now have whip lash, that there is serious heart problems because of their concern, they will miss months of work because of this.

Without a police report, ( maybe that text phone was also a camera and you took alot of photos of the accident)

But they can sue you, claim you refused to give them any info or drove off and so on. Without a police report, they can sue you for all sorts of money if they are dishonest.

It is not the least bit uncommon for me to investigate rear end accidents involving, as you said, a bent license plate frame and a claim for back/neck problems. I'm sure you know you shouldn't have driven off without getting information - no matter what the situation if they don't want your info you should get theirs!

As far as texting while driving - I am sure you also are aware that I believe it was 4 girls died in an accident in Rochester, NY over the Summer while the driver was busy texting. I believe the article was in People magazine.

If the person decides to pursue the matter - and the other party thinks you were on a cell phone your phone records may be subpoenaed in order to eliminate any "she spiked her brakes" argument you may have.

In NYS you have to prove somewhat "substantial" injuries - and I've seen piles of chiropractic bills to prove "substantial" injuries. Do I think everyone who is rear ended and sued is injured - no, I don't. However lots of people feel they are entitled to something because their car was hit. (I hate to use the word "dishonest.") I also see claims filed out of some sense of revenge - the other person was on the phone, the other person didn't apologize, the other person was flippant, whatever.

This is the worst scenario - will the other person take action against you? You'll have to wait and see. You obviously can't even report the incident to your insurance agent in order to protect your coverage (not your company, your agent - let your agent decide how to proceed) because you have no info on the other party

bushg · Nov 22, 2007, 10:03 AM

Chi in 1990 I rearended an older dy coming off the expressway, going very slow, there was no dents, 1 minor scratch on her bumper.I gave her was my phone #, later she called, she took her car to the body shop, and they found extensive damage to her supension, she had 2 other estimates and it cost me about 250 to fix it, cheaper than my deductable.

ChihuahuaMomma · Nov 22, 2007, 02:13 PM

UGH, you guys made me so paranoide now. And YES, I have learned my lesson. I actually don't usually text while driving but it was pretty important. Definitely not important enough to not call.. Anyways, I hope that everything will turn out okay.

OMG, what if she claims hit and run?? Could I go to jail?

JoeCanada76 · Nov 22, 2007, 05:20 PM

Chihuahuamomma,

You know what people here are talking worst case scenario. I personally feel you have nothing to worry about. There are still a lot of honest people out there that just wants to give somebody a break. Do you know what I mean? Everything will turn out fine and you need to stop worrying so much. Worrying can not control the outcome except making you a nervous reck which might make your driving skills worse? Do you know what I mean. Trying to send some extra support your way. Same thing has happened to me before. Both partys let it go, and I worried about the same thing but nothing ever came up from it. Everything worked out well.

Fr_Chuck · Nov 22, 2007, 06:16 PM

Yes, we are talking worst case, like your accident causing the world to end and things like that. But that is what you did ask, what could happen.
Now most likely nothing will happen but it can.

I had one about 6 years ago, I was driving a large Ford 350 truck. There was a car in front of me and the light turned green, they started to move and then just stopped real fast, I hit the rear ( and yes I did bend their bumper) well our insurance investagor found that this was the fourth such accident they had in the past three years. Now we still ended up paying them a large amount settlement

JoeCanada76 · Nov 22, 2007, 06:20 PM

FrChuck that kind of sucks. You know why. It is obvious by what you described these people were doing that on purpose because they are scammers. Of course, that situation is completely different then the ones described above.

JudyKayTee · Nov 23, 2007, 09:08 AM

Originally Posted by ChihuahuaMomma

UGH, you guys made me so paranoide now. And YES, I have learned my lesson. i actually don't usually text while driving but it was pretty important. Definitely not important enough to not call..Anyways, I hope that everything will turn out okay.

OMG, what if she claims hit and run???? Could I go to jail?

I'm sure you don't need the lecture but I do these investigations over and over and over again - if it's that important to make a call or text... pull over to the side of the road. If you had killed somebody (worse case scenario) you would be in jail (depending on the State) for reckless driving or criminally negligent homicide.

One other point - you don't have to be dishonest in order to be injured in what would appear to be a minor accident to the rest of the World. Leave the medical proof to the Doctors.