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
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
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 Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee
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.
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
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.
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