They can file but with nothing to substantiate will not prevail. Just make sure you don't lose by default for not showing up and you have it made.
Keep in mind, though, that a police report is not generated in all cases. Further, the fact that there is not one does not, in and of itself, mean that a subsequent suit will fail. In many jurisdictions, the police report is not admissible in evidence.
Instead, what is crucial is the live testimony of witnesses as to how the collision occurred. The witnesses can be the drivers, passengers, or onlookers. A witness can also be the investigating police officer who can testify to the juxtaposition of the vehicles at the time of his/her arrival at the scene. If the cars were not moved, this can be important evidence as to who may have been at fault for the collision.
After a hit and run, the individual hit should file a police report as soon as possible. That police report should then be presented to the person's insurance company who will assess the damages to the vehicle.
The Police and your lawyerAdded: To report a criminal incident report it to the police - for a civil suit for damages contact an attorney. l
Financial Responsibility Laws require that you be Financially Responsible for any damages you cause to another. Whether a Police report is filed or not, has no bearing on your responsibilty for the damages.
Yes, of course. If you are liable for the damages you are required by law to cover the losses. Having a police report or not having a police report has no bearing on your liability and resulting financial responsibilities. Although most minor accidents do not merit a police report, the insurance companies recommend an accident report be filed whenever possible to document the occurrence and protect the drivers and the company from individuals who may later try to shirk their financial responsibilities. If you have insurance then your insurance company will cover the loss for you up to your policy limits. If you are uninsured then you are required to pay the damages yourself.
You can still report the accident to the insurance company and collect for damages. The Police will most likely not take a report. You would have to call them to verify that though.
Your insurance company first, then, the police for a report.
File a report with the local police agency and report it to your insurance company.
As long as the other carrier has accepted liability, they will owe for your damages whether you have insurance or not.
Yes, you do not need a police report to file a insurance claim.
The state of NY is not going to pay for damages to your car if you hit a deer. You need to make a police report and contact your car insurance agent.
get a police report will out it you are screwed
If it was their fault, their insurance company will cover the damages of your vehicle. I would hope that the person at fault has filed the claim already but you need to make certain. I also hope that a police report was done at the time of the accident.