I lightly rearended a driver and we both got out of the car and checked for damage and concluded mutually that there was none. I offered to call the police and exchange insurance information but the other driver said there is no damage or problem so no need and she won't file a claim. Six months later, I receive a letter stating there is a claim against me for $2,500 in damages and after arbitration between our insurance companies I was found at fault but the not for the damages indicated. Is the driver's indication of no damages, refusal to do police report or exchange insurance information at the time of accident relieve me of liability legally. What should my appeal letter focus on?
The best advice I can give you is what you already know. Your appeal letter should state the facts of what happened. You would be responsible for any REAL damage that occurred because it was a rearender. However, at the time of the accident, you and the other driver inspected the vehicles and there was no damage. In fact, the other driver did not find it even necessary to exchange paperwork. Just explain everything that happened. Good luck.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
www.joelhschwartz.com
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