I am a defendant of a car accident it was mutual she claim i hit and run which is false i was uninsured at that time what to do?

Asked almost 2 years ago - Chicago, IL

i was driving to my left turn lane and all of a sudden she got near me we bumped our car i got out of the car to check for any damages she came out too and insisted on my insurance which at that time i had no insurance so she just got upset and told me to just go so i left the scene and so did she a month later i received a letter from the police department stating i need to complete a police report from that incident . I went to the police station and was given a ticket for no insurance and failing to report incident what can i do she set me up she did mention she has a bill for her car before for damages done in the past i feel as she is using this opportunity to pay off her debts using me as a reason please help i am so terrified what will happen?

Attorney answers (5)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

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    Answered . All accidents must be reported and all drivers must have insurance. You knew you had to have insurance but did not, yet still drove and listened to someone even though you knew better about failing to report this.

    Get this taken care of and report it and get insurance ASAP--if you show up with proof of insurance at the court hearing, you'll receive a small fine.

    Of course she is taking advantage of you--if you had insurance, the company would defend your interests. This time, you are on your own. Make a deal with her. Tell her to get you 2 estimates of damage and make sure it is from THIS incident. If you don't have a major problem with them, split the difference and pay her, as you don't have any options.

    As long as no one was injured, this should be it. IF you do settle with her, please make sure you have her sign a release that releases ALL claims, including personal injury, in exchange for accepting whatever sum you pay her.

    This is the conundrum, pay for insurance and they handle everything versus not having insurance and hire a traffic court lawyer, pay a traffic court fine, pay for damage and hire a lawyer to draft a release. It makes paying for insurance seem like a deal. It is and that's why it's the law.

    Hope this helps.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Judy A. Goldstein

    Contributor Level 20

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    Answered . You should have reported the accident immediately. Report it now. You should have had insurance. Attorneys in this online forum will not be able to walk you through and help you with everything that will happen. You probably should hire a lawyer.

  3. Daniel G. Galivan

    Contributor Level 17

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    Answered . You should have contacted an attorney before going to the police station but obviously it's too late for that. You should hire one now. The leaving the scene charge is a Class A misdemeanor, a criminal offense. The No Insurance ticket carries a minimum fine of $500 if convicted (assuming this is your first such ticket). If you appear in court with after-acquired insurance, you will be eligible for supervision and a lower fine, but will still be required to carry SR-22 thereafter. If the Secretary of State determines you were at fault, you will have to either pay for her damage, post a bond with the SoS or have your license suspended. Get an attorney now. Most of us provide free consultations. www.galivanlaw.net

  4. Ryan M. Finn

    Pro

    Contributor Level 13

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    Answered . I assume you filled out the accident report as directed. You should plead not guilty to the tickets. If you are contacted by the other driver or her insurer you should not say much, other than the accident was not your fault.

    Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Report the accident, and retain a local lawyer to negotiate this for you. Please get insurance, as you not only put yourself at risk, but you put others as well.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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