My husband and i were in an accident on 02/11/10. He backed into a parked car. There was only a scratch on each car. I exchanged information with the owner of the car. The owner stated that the car was old and it wasn't a lot of damage, so he wasn't worried about it. However on 02/15/10 i received a call from the owner of the other car he stated that he has whiplash from the accident and that now he wants to get a police report done. I have a witness that said he wasn't even in the car when we hit it. I am worried about getting the report cause Monday when i called to report the accident with my insurance company they said my insurance was no longer valid. So we did not have insurance when we hit him. Can he force us to file a police report? What legal action can he take against us?
He could possibly file a civil suit against you for his alleged damages. I suggest that you get a sworn written statement from your witness who can attest that he was not in the vehicle at the time of the collision. You should also know how to contact this witness even years from now when a possible suit could still be filed against you and you will need this witness to protect your interests.
Perhaps this witness could also accompany you to the police station to file a report and give their statement to the police as well. You will have to weigh this option against any penalty you may face for not having liability insurance in your state. Is liability insurance compulsory in your state? You may wish to consult with a local attorney if you are not aware of any potential penalties for not having insurance.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
You have to be quite careful here. You have a duty to report a property damage or personal injury accident to the police and failure to do so can get you charged with a 6 point misdemeanor crime. In addition, if you are uninsured, that is also a crime and you are responsible for all damages, losses, medical bills and pain and suffering.
I would recommend that you meet with counsel and get things in order ASAP. Visit www.kliszlaw.com to discuss further. Tim Klisz
Car / Auto Accident Lawyer
Yes, someone can file a police report 3 days after a crash; however, the filing of the police report is the least of your worries at this point.
You need to speak with your insurance company immediately and work out this issue of whether you were covered by an insurance policy at the time of the collision. In Michigan, having an uninsured car that was involved in an injury collision has dire consequences. For one thing, the other person's insurance company can sue you personally for all property damage and all medical bills and all wage loss plus other things. If you do not pay them within 30 days, they can have the Secretary of State suspend your drivers license. Very serious.
As I said, call your insurance company. Get that squared away. If they continue to refuse to cover you, then you should speak with an attorney as it sounds there might be issues that can be pursued in your defense.
I wish you the best,
Attorney at Law