If I tapped a vehicle in front of me going less then 5 miles per hour but there was no police reports, no witnesses and very minimal damage, can a personal injury claim be taken out against me?
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If I tapped a vehicle in front of me going less then 5 miles per hour but there was no police reports, no witnesses and very minimal damage, can a personal injury claim be taken out against me?
Asked on October 1, 2015 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, a personal injury claim may be asserted against you the law does not require a police report for someone to sue you or otherwise seek monetary compensation from you. You state that you hit at less than 5 mph and the auto damage was minimal--that may be, but 1 the fact you assert it does not automatically make it true, as the other party may claim the impact was greater than that, and can try to prove that in court and in any event, regardless of the speed or damage to the car, the issue in a personal injury claim is whether it can be proven that you injured the plaintiff, who could be injured even if his car is undamaged. As to witnesses there is no legal requirement for witnesses other than the person suing you--obviously, his/her case would be much stronger with other witnesses, but if he/she is credible, he/she can win based on his/her own testimony.
You describe what may well be a very weak case for the plaintiff, if what you say is correct--but that doesn't mean he/she can't bring a case against you, or that it would be impossible for him/her to win.
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