If I hit a car from behind and no cops were called since it was minor damage, what do I do if I’m not insured?
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If I hit a car from behind and no cops were called since it was minor damage, what do I do if I’m not insured?
The estimate is $800 plus a weeks cost of a rental car.
Asked on December 17, 2011 under Accident Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Since it was a rear-end collision, you are liable for the accident. Without insurance, you will have to pay for the cost of repairs and the rental car out of your own pocket. If you don't pay, you could be sued for negligence for causing the accident. Considering the minor damage, the lawsuit would be filed in Small Claims Court. In addition to the cost of repairs and the rental car expense, you would also be liable for court costs. Court costs would include the court filing fee and process server fee.
The other driver is required to mitigate (minimize) damages in his/her lawsuit. For example, if the repair shop's charges were not comparable to other repair shops in the area, the other driver failed to mitigate (minimize) damages and you could argue that their damages should be reduced accordingly. The same argument would apply to the rental car. If the other driver rented an expensive car, he/she failed to mitigate damages when a more reasonable rental rate was available and therefore, damages would be reduced accordingly. This does not mean that a sub compact from the cheapest rental car agency is required. If the driver had a mid-size then a comparable vehicle could be rented.
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