If I was in a minor car collision with a co-worker last night and we didn’t report it but they now claims about $2500 in damage to their car, What would be the next step to take?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was in a minor car collision with a co-worker last night and we didn’t report it but they now claims about $2500 in damage to their car, What would be the next step to take?
I had very little damage done to my trucks bumper and the other driver stated her car was “fine” at the scene. We didn’t call the police or exchange insurance information since there was little damage, so we both left the scene. Later she contacted me stating her vehicle had at least $2,500 worth of damage. I didn’t want to file a claim with insurance since there was little damage on my truck where I can buy the parts and fix myself, but now she wants to file a claim.
Asked on September 18, 2015 under Accident Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you and she can't agree on an amount which you can pay and feel is fair, you can refuse to pay. That then makes the next move hers she can then decide whether or not to sue you for the money. You cannot be forced or required to pay any money to her unless she sues you and wins. To win, she'd need to 1 prove you were at fault in the accident e.g. you were the one driving carelessly when you hit her--only an at fault driver is liable, and if you were not at fault, you would not have to pay and 2 prove the true cost of her damage, since she can't just make up numbers she needs to prove the damage you did and the actual or reasonable cost to fix it.
If she sues, you can put on your contrary evidence or testimony such as that she, not you, was at fault to oppose her case. And if you believe that she was at fault, if she sues you, you could countersue for you own damage.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.