QUESTION
Do I need to give money for a car accident with no police report and no insurance involvement?
Asked on Oct 03rd, 2013 on Personal Injury - Michigan
More details to this question:
Here is the deal. I got into an accident on the way to work running a bit behind, I'm around an area where people have zero sense of urgency and completely lack the skill of driving. Anyways, I was in a 45 mph zone and the person in front of me decides he only wants to go 30-35, which is fine if you are fully aware that your going to irritate lots of people. Long story short, I went to pass him using the turning lane but, in about 50 feet I needed to be in that lane anyway to make my turn. So I jump in the middle lane and next thing I know BOOM, the dude swerves over and slams into me. I was in a 2008 Benz, he was in a 1998 Camry or something. I mention that so you can share the confusion with me as to how his car is costing more to fix than mine did. Basically this: 1. We collided 2. Cops came but no report was made ( called DMV, local PD, county PD and state PD nothing came up 3. We left the insurance companies out of it, this was about 3 months ago now 4. I want to know if he can legibly ask me for money or if I NEED to give it to him 5. Benz repair was $2190.00 Toyota repair is $2400 < adding in parts to fix that I didn't come into contact with >
9 ANSWERS
Ronald A. Steinberg
Make a police report. You should not have been in that lane at that point, but he should have signaled before moving into the left lane.
Answered on Oct 08th, 2013 at 11:17 AM
Edwin K. Niles
Sounds as if you share the blame for this incident, although you might have a greater share of fault. If we arbitrarily say 60-40, you would owe him around 1400 and he would owe you around 900. Net 500 from to other driver. If you decide to let your insurance company handle it, they would probably play hard-ball.
Answered on Oct 04th, 2013 at 5:27 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is legal for him to ask (in other words "legally he can ask"). You do not have to pay him. I am not saying you are not liable for the damage. I cannot tell which one of you would be liable based on your description. You have a right to dispute liability and/or the amount of damages. Even if you think it was your fault and you are liable for the damages that they claim, you do not have to pay unless and until they get a judgment against you. Even then you do not have to pay. However, the court can attach any property that you own that is not exempt from execution on a judgment and order that it be sold to satisfy the judgment. Before it got that far, I would assume insurance would be involved.
Answered on Oct 04th, 2013 at 2:32 PM
James Eugene Hasser
If you caused the wreck and are liable, you are liable, regardless of the lack of police report or insurance involvement. Now, as far as the cost of repairs, the law of repairs is that you owe the reasonable cost of repair plus the diminishment in value or the total value of the car, whichever is less.
Answered on Oct 04th, 2013 at 1:16 PM
Thomas Edward Gates
Since you both agreed to not involve the insurance companies, then the two of you need to resolve the matter. Since there is no police report, the parties should be responsible for their own repairs. That way you do not need to worry if he is doing add-ons. Make him give you three estimates for the work to be done.
Answered on Oct 04th, 2013 at 12:47 PM
Car Accidents Attorney serving Charlotte, NC
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DeVore Acton & Stafford, P.A.
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In North Carolina if there is a one percent chance your contributed to the accident, then your claim is barred by doctrine of contributory negligence. NC is one of only a few states with this law.
Answered on Oct 04th, 2013 at 12:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't know what you are trying to do. looks like both of you might be at fault in some degree. Whyt don't b oth of you pay your own bill. Either that or turn it over to insurance companies and let them deal with it .
Answered on Oct 04th, 2013 at 12:09 PM
People pay insurance companies precisely to deal with matters like these, and the ill-advised decision to leave the insurance companies out of it will require you to deal with it yourself, either by settling the claim, or responding to a small claims lawsuit.
Answered on Oct 04th, 2013 at 10:22 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan each car owner is responsible for their own collision damage regardless of who was at fault.
Answered on Oct 04th, 2013 at 10:17 AM