I rear ended someone and the other guy didn't want to file a report because his car wasnt damaged and he was fine?
9 attorney answers
Do not respond to him.
Report this to your insurer immediately. They will handle this from there and require proof of any damages.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Email: [email protected]
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You have done the right thing by turning this matter over to your insurance company. Have no further contact with the adverse party. Turn over all correspondence you receive from the adverse party to your insurance company, retaining a copy for your records. Let your insurance company handle this. That is why you pay them a big premium.
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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 ensure proper advice is received.
This ans. does not create an attorney/client relationship.
the insurer has a duty to settle the lawsuit within your policy limits, if it can. One of the classic cases that demonstrate the insurer’s duty to defend involved an insured named Curtis Campbell, who was in an auto accident that killed one person and injured another. When Mr. Campbell was sued, his insurer, State Farm, refused to settle the case for $50,000, his policy limit, even though State Farm knew he caused the accident. At trial, the jury found Mr. Campbell liable and awarded $136,000 in damages against him.
THE primary purpose of insurance is to give you peace of mind. You buy automobile insurance, homeowner’s insurance, or business liability insurance in the event that your car, home, or business sustains damages. If a claim or lawsuit is filed against you arising from your ownership of properties, the insurance coverage is meant to protect you.
Part of the insurer’s duty under such policies is to defend you in any lawsuit resulting from accidents within your properties. This means that the insurer will pay for an attorney to represent you in the lawsuit, and attempt to settle the claim against you.
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Explain everything to your insurance company and hopefully they will be able to weed this out, if it turns out to be fraud. This is one of the reasons you pay your auto insurance premiums. Let them handle it.
Report this to your insurance company to resolve. This is why we all have insurance.
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In all likelihood, under the terms of your liability insurance, you have the duty to report an incident to your carrier. Failure to adhere to the requirements of your policy could have adverse consequences for you. I am not an attorney in Illinois so I can not say for sure, but you might have a legal duty to disclose your policy information where there has been an auto impact.
This answer is for general purposes only and does not create an attorney/client or confidential relationship which can only be created by a written and signed retainer agreement.
Follow the wise words of Mr. Hoffman.
I do not believe that the family lawyer is right. I would suggest that you contact your insurance carrier and that you provide your insurance carrier with contact information for the guy that you hit.
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