Can I get sued for fender bender by not going through insurance?

Asked about 5 years ago - Woonsocket, RI

My daughter (19) was in a small accident, scratched another car's driver's side back bumper. I called the man to ask him if he'd consider bypassing insurance. He agreed, he just wanted his car fixed. The police crash report states no injuries were reported, no tow companies needed and the damage is assessed under $1000 by the garage he chose. We've been in contact, and he mentioned his passenger who had a prior neck issue is complaining that accident may have reinjured him. He said he doesn't feel his passenger will pursue it, but suggested "maybe" we offer to pay his co-pay for a doctor visit. Aside from the obvious, am I covered between the crash report stating no injuries and my receipt showing I paid for his bumper repair?

Additional information

I apologize for not being more clear. I have not done anything yet in terms of paying for the damages. So I take it I should most definitely go through our insurance to be covered?

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . No you are not covered, nor is your daughter. This approach you are on is a brew for disaster. Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-cho...

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-...

    You need a lawyer. You risk (for yourself and your daughter) failing to cooperate with your insurer and all the protections your insurance coverage affords to you by not reporting the matter to insurance. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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