Can someone file a claim against me if he fled the scene after an argument?

The answers to your questions depend on several facts, including the terms of your insurance policy and exactly what occurred that night. You should consult an attorney to confidentially relate the facts and get advice. Also, I do not know if the guy who you hit will file a claim against you. Anybody can file a claim. Whether or not that claim has merit is the question. I can't advise on that question without more facts. Please feel free to contact my office if you need assistance.

Fault for the accident will be determined regardless of whether he fled the scene, but it could play a factor. If the accident was your fault, then the fact that he left the scene likely will not diminish your fault. However, it may be one of many factors that will cause the insurance companies to investigate further and, perhaps, determine that his alcohol consumption played a role in the accident as well.

The answers to your question of "Will insurance cover and can the guy who fled come back and file a claim after leaving the scene?," are probably both "yes." The fact is that you caused the accident and therefore you (through your insurance policy) are responsible for the damages you caused. However, the fact that the other person left the scene before the police arrived may mitigate against his ability to collect much in damages (depending upon his injuries, if any) from your insurance company. It is very likely that, if the other driver makes a claim, your insurance company will be very interested in what the police report says about the collision and the fact that the other person left the scene. They could use that information to reduce the amount in damages that they might otherwise be willing to pay. (Conversely, if the police report indicates that you were drinking and driving, that could be a benefit to the other person.)

Thank you for your personal injury question. Fleeing the scene does not prevent someone from making a claim against you. However, it does affect the viability and value of such a claim. As far as your property damage, you need to put your carrier on notice and they should pay for the repairs.

Your insurance will cover you. Call them and report the claim or possible claim, the fact that the dude left the scene means nothing. Since he was drunk he may not even bother.

Yes, if he has your and your insurance information, he can always contact you and present a claim. If you are going to make a claim against your own insurance company for your property damage under the collision coverage of your policy, you need to notify your insurance company immediately; your policy of insurance I am sure has a provision in it which requires you to promptly notify them of any accidents. Because of the fact you called the police, you have satisfied one of the requirements of your policy, and if your insurance company refuses to pay for your claim for the repairs to your car, you should contact an attorney since your insurance company would have to prove they suffered prejudice by your late reporting, which I doubt they could do as you called the police and a police report was made out. The fact you were not cited with the accident or ticketed is of little consequence as you would admit under oath that you hit the guy.

The reality of the situation is if you have to contact your own insurance carrier to fix your car, they will ask the details and/or obtain the police report. This will likely result in a finding that you were at fault because of the rear end collision. Luckily for you the police did not arrest you for a DUI. I am not aware of any legal rationale for exonerating you for causing the collision just because he fled the scene. He may, however, have his own problems for leaving the scene. The police could have gone to his home and even arrested him. Did you tell him he was drunk? If so, hopefully they did their job and went after him. As for him filing a claim, your insurance will cover you if he does. If you turn this in to your carrier and they deem you to be at fault, then you may get a 25% increase in your premiums for the next 4 years. You can check with your insurance agent if that is correct. Then you might want to calculate the value of 4 years of extra premiums vs. paying to have your car fixed out of pocket if you can somehow scrape up the money to do that. On the other hand, the fact that you called the police, it may get reported anyway and the insurance company might increase your premiums regardless. Again, check with your insurance agent, but try to do so anonymously as they are technically required to report it to the carrier if you make an inquiry. But if you are asking your agent on behalf of a friend they should be able to give you the information you need.