What to do if you was accused for hitting a person in a car accident but you was the person who got hit?

Asked about 5 years ago - Columbus, GA

I was involved in a car accident that happened this past Monday. The person in front of me backed up and hit me because he was talking to someone that passed by. He backed in me. I called the police. The police officer came and asked me was I driving too fast? I told her no. We both said that he backed up and hit me. When he got out of the car, he said he didn't see my car and it was too small. When I picked up my police report, she made it seem like I hit him, but I didn't. When she drew the accident, it doesn't match at all. He hit me front driver's light, but how she drew it, it look like he hit the front of my car. She did not asked what happened. She just assumed that I hit him. When I called him Tuseday, I said my name. He asked who, then I said the one you hit, then he said ok.

Attorney answers (3)

  1. Paula Jeanette Mcgill

    Contributor Level 17

    Answered . Did you take pictures of the car with your camera phone (if you have one)? I assume when you said ("she") you're talking about the police officer. You should go the police department to complain about the incorrect report. The police officer may have made an honest mistake when completing the report. At the same time, did you contact your insurance company?

  2. Howard E. Spiva

    Contributor Level 12

    Answered . You need an attorney. You may want to contact the local bar for a reference.

    Meanwhile take photographs of the scene and your injuries.

    As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:

    1) what your injury is;
    2) exactly how the injury it occurred;
    3) the amount of your medical bills;
    4) the future treatment and prognosis of your injury;
    5) your lost income or wages;
    6) cost of services you couldn't perform (i.e. yard work, house cleaning...)
    7) any other damages (Spousal services, mileage expenses, property damages, etc.)

    Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

    For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case and 12 months in Georgia for workers compensation.
    Medical Malpractice claims can be longer or shorter.
    You should act now!

    Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.

    Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

    One of the most frustrating events that I have encountered as an attorney, is when someone is barred from a recovery, due to a legal time limitation.
    Legal time limitations are called "Statute of Limitations”. These are laws which prevent legal remedies in relation to wrongful conduct.

    Many people may try to do what they believe is “the right thing” by waiting to see how something is going to turn out before they file a claim. They often simply just wait too long.

    Some people are even tricked by defendants or their insurance companys into delaying past the statutory time periods.

    Yes, I have seen adjusters and even hospitals talk nice and friendly to an injured person and string them along maybe paying some of their bills, encouraging them not to seek an attorney, until the day after the statute runs. Then the person has no legal recourse. That is sad.

    Statutes vary by state and like most rules, almost all have exceptions.

    ~Appropriate legal action, notice and claims must take place well in advance of the statute if you want to be safe in pursuing an action.

    ~ Make sure you discuss the statute of limitations and other legal time limits with your own attorney. Here is some more detailed information: http://savannahnow.com/node/738402

    ~Act now!

    Good Luck

    Make it a great day!
    Howard Spiva

    The Spiva Law Group does not represent insurance companies and for 25 years has been dedicated solely to the representation of individuals who are injured and their families. www.spivalaw.com

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . As I am not licensed in your state, I can only provide you with some general guidance. The police report is not conclusive on any issue. The adverse driver does not seem to contest the fact he backed up into you.

    You should report this incident to the adverse driver's insurance carrier and establish a claim number.His carrier has an obligation to adjust and pay the claim. If the adverse driver does not have insurance, hopefully you do have collision coverage or uninsured motorist coverage, both of which coverages could pay for your property damages.

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