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What should I do when the driver that hit my car accused it was my fault?

Mountain View, CA |

I was driving straight on my lane and a car on my right changed lane carelessly and hit my car. My police was called to come to the scene, however he made no report of what happened. I overheard the police saying that it was her fault when he was questioning her. The next day, she reported her insurance and said I hit her. Her insurance said they will not take responsibility because there's no proof. What should I do?

Attorney Answers 6


  1. " My police" should have an accident report. Otherwise, let insurnce fight it out. Good luck. Where can I get "my police?"


  2. Hopefully, no one was badly hurt and maybe you got some pictures or have some witnesses?


  3. If the police were called to the scene they should have made a report. Call your insurance company and tell them what happened. Let your insurance company investigate the crash and deal with the other insurance company.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Do not waste your time. If you are injured hire a lawyer. Most PI lawyers do not charge for their initial consultations. Hire the one that you feel most comfortable with. Go to the policeman that talked to the other driver and ask him to write a report or talk to the desk sergeant. If you were hurt, go to your doctor. Gather your insurance policy, police report, medical records and make ab appointment with a PI attorney. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It is of a general context and is not intended to form an attorney client relationship. I am licensed only in California. This information is good only in California and it is not to be taken as legal advice on divorce, family matters, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Bancarrotas, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Divorcios, Abogado Latino de Accidentes, y Abogado de Bancarrotas de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.


  5. I hope that nobody was injured in the collision. With respect to the responding attorneys, I agree most with Mr. Juarez. If you were injured in the collision, I would seek medical attention first and then consult with a personal injury attorney immediately for a free consultation to review the details of your situation. If not, you can always allow your insurance carrier to handle the compensation for the damage of your vehicle. I hope you found my answer helpful.


  6. This is a problem more and more as police are refusing to spend time writing reports. If there are no independent witnesses, you have a big problem. You can try to contact the MV police immediately and explain the situation. Hopefully you or they can identify the officer who was there, and thatb officer will still remember the incident. If you are real lucky, maybe the officer made some notes. In my experience it is really difficult to reach the officers, and/or to get them to write a report or make a written statement in these situations.

    If you strike out with witnesses and the police, the only thing left is the physical evidence and statements. The problem there is that it is unlikely you can get the other person to give a taped statement to you, an investigator, or your ins co at this point. If you had such a statement and the proper questions were asked, they would hopefully be contradicted by the physical evidence which would show they were lying. Thephysical evidence must be documented asap (property damage to the vehs, pictures of the scene, skid or scuff marks or debris, etc. ) Absent serious physical injury to you, it may not be economically feasible for an atty to spend the time investigating and or hiring experts and filing a lawsuit to take the deposition of the other person.

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