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cma2014

Minor accident - no police report

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My husband was involved in a minor accident on his way home from work.  He was on a 3 lane highway with heavy traffic, he was in lane 1 and the other car was in lane 3, both cars merged to lane into the middle lane at the same time.  His car was hit on the front passenger quarter panel, the other vehicle was on the drivers side from the middle of the car down the side to the trunk.  Both parties pulled over and the other party did not want to call the police.  Since there was little damage and no way to prove who was at fault my husband was okay with that but they did exchange information.  The person driving the other vehicle was not the owner of the car (not sure if that make a difference).

 

The other party is now trying to make a claim with our insurance company, can they do that?  

With no police report there is no way to prove who is at fault, so why should our insurance company have to pay?  

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Hi cma2014,

 

It's actually very common to file insurance claims without a police report -- especially if the damage is minor. Police reports help in proving fault, but they are not required. Fault and liability are determined using a number of other factors. Please take a look at fault and liability for car accidents to learn about these factors, as well as FindLaw's guide on what to do after a car accident to determine steps you should take to protect your interests. Good luck!

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The other party is now trying to make a claim with our insurance company, can they do that? 

 

What does "trying to make a claim" mean?  Did you mean that the other driver has made a claim?  The other driver is, of course, perfectly free to make a claim against your/your husband's liability insurance.  Why would you think that might not be the case?

 

 

 

With no police report there is no way to prove who is at fault

 

Unless the accident was witnessed by a cop, a police report would be nothing more than a collection of statements that the two drivers (and any witnesses) made when the cop arrived on the scene.  Police reports are generally not admissible in evidence, and liability in the overwhelming majority of auto accident cases is proven by the testimony of the parties involved and witnesses.  That's exactly what will happen here.

 

 

 

so why should our insurance company have to pay?  

 

Your insurance company doesn't have to pay anything unless it determines that your husband's negligence was at least a partial cause of the accident (and even then, it doesn't actually have to pay unless the other driver sues your husband and gets a judgment, but part of your insurer's duties to you is to protect you from lawsuits where liability can be reasonably determined).  If you want to identify the state where the accident occurred, we can provide more information about the applicable law.

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The accident occurred in Michigan. He talked to his insurance company and they stated since he called them at the time of the accident and commented that it appeared both were equally at fault (50/50), his insurance company stated they are obligated to pay 50% of their deductible and that the other party could take him to small claims court for the remaining 50% of their deductible. Based upon the above statement ( and even then, it doesn't actually HAVE TO pay........); should his insurance company wait for a judgement to pay 50% of the deductible OR are they obligated by Michigan law to pay the 50% now without a judgement. He told his insurance company that after actually looking at the damage of both vehicles, it appeared that the other party appeared to "shoot the gap/squeeze" between my husbands car and another (their damage extended from passenger front bumper to the passenger back fender - essentially a long scratch). My husbands car had damage only to driver headlight and minor paint scratch. I am making this statement since it appears that the other party was mainly at fault due to the type and extent df damage. He should be able to make a claim against their insurance, correct.

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I Had Read Your Thread and We Cannot Blame Your husband For an Accidents has it Cause due to Misunderstanding of the Two Drivers. Its the duty to call police and make the report but its doesn't happen which help that driver to take advantage of that and make a claim. Consult some Good Lawyers who Specially Deals With this Sort of Cases.

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As others have stated, it is not uncommon for police to ignore minor accidents. There are many ways to establish fault in these situations. Since the damage to your vehicle was minor, I wouldn't worry about it too much. Just make sure to tell your side of the story to your insurance provider. They won't pay out unless they have to.
 

http://www.wrongfullyinjured.com/auto_accidents.html

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I was in a minor car accident in cailfornia 2 years ago while driving my roomates car there were 2 other passengers in my car and as I was getting off the Frwy in the right hand turning lane another car came from behind me in the 2nd right hand turning lane and hit my car we we pulled off into a parking lot i called police but they did not come we exchanged information and that was it I did not have insurance and when I contacted the other drivers insurance she lied and claimed I hit her and her insurance cosaid they take her word over mine the insurance co never even came out to see the damages to our car 

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The other driver's insurance company has no obligation to you unless a court of law rules that the other driver is at fault and for how much. There is nothing wrong with the people at that insurance company believing their own customer.

 

You will have to sue the other driver and prove to a judge that she was at fault.

 

I suggest you photograph the damage, get an estimate, and sue in small claims court if your damage cost is within the small claims limit of your state.

 

 

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On 3/25/2017 at 7:30 AM, chelsea1687 said:

I was in a minor car accident in cailfornia 2 years ago. . . .

 

Which is still not as long ago as when this thread was created and how long ago it has been dormant.

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