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No report, personal injury, what to do?

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athena1027

Junior Member
State: California

Bio: College student in Santa Barbara

On Jan 14, I was making a right turn onto a main street, there were a lot of cars going in both directions and when there was finally an opening for me to turn right, I didn't see a girl crossing the street and accidently hit her. I immediately braked and asked if she was okay, she looked at me and kept walking. But she came back and asked me to take her to her trainer at the recreation center (she turns out to be a BBplayer). I dropped her off, got her name and gave her my contact info. This whole time she was conscious, walking, talking, she said she just came back from physical therapy when she crossed the street. she told me her legs still feel numb from the ice but it didn't hurt as much. She today messages me on a online student "friendster"-type site to tell me she lost my phone number and that she actually had to go to the hospital that day. She needed my contact info and insurance information. I saw her on campus a week after the incident and she seemed fine, walking and talking (and looks like she's still playing bball). I didn't file a report that day (though I should have, I wasn't thinking), with the police or my insurance company, I don't know if she did, but I'm guessing not since she needs my contact information and she didn't have it.

So, I want to know where do i go from here? How much will I be sued? Will my insurance cover me at all since i failed to report it? The DMV in CA also requires a report if there was any injury in 10 days, I don't believe either of us filed that report and it has passed 10 days. What to do in this matter?

Thank you very much!
 
Last edited:


Ohiogal

Queen Bee
athena1027 said:
State: California

Bio: College student in Santa Barbara

On Jan 14, I was making a right turn onto a main street, there were a lot of cars going in both directions and when there was finally an opening for me to turn right, I didn't see a girl crossing the street and accidently hit her. I immediately braked and asked if she was okay, she looked at me and kept walking. But she came back and asked me to take her to her trainer at the recreation center (she turns out to be a BBplayer). I dropped her off, got her name and gave her my contact info. This whole time she was conscious, walking, talking, she said she just came back from physical therapy when she crossed the street. she told me her legs still feel numb from the ice but it didn't hurt as much. She today messages me on a online student "friendster"-type site to tell me she lost my phone number and that she actually had to go to the hospital that day. She needed my contact info and insurance information. I saw her on campus a week after the incident and she seemed fine, walking and talking (and looks like she's still playing bball). I didn't file a report that day (though I should have, I wasn't thinking), with the police or my insurance company, I don't know if she did, but I'm guessing not since she needs my contact information and she didn't have it.

So, I want to know where do i go from here? How much will I be sued? Will my insurance cover me at all since i failed to report it? The DMV in CA also requires a report if there was any injury in 10 days, I don't believe either of us filed that report and it has passed 10 days. What to do in this matter?

Thank you very much!
First of all when you hit someone you should ALWAYS file a report. Some insurance won't cover without a police report relating to the incident. Your policy will probably defend you but it might not. Check what your policy says about matters like this.
Second, you may not be sued. It is always good practice to go to the doctor or ER to get checked out when youa re in an accident -- especially if a car hits you.
Third, report the accident immediately. Better late than never. You will have to take responsibility for not filing it since you were at fault.
 

Litigation!

Senior Member
My response:

Wait a minute!

There was no collision report, no report to the DMV, no witnesses, and no report to the insurance company. What does this add up to?

That's right . . . there was no accident!

Personal injury is a matter of proof. If none of the above exist, then there was no accident.

"Negligence" has three parts that she must prove:

1. Your "duty" to her as a pedestrian. That's a "given." Under the Vehicle Code, the pedestrian in a cross-walk always has the right-of-way.

2. The "causation." That too is a "given." The cause of the incident was your car struck her legs - - if she can prove that the incident even happened.

3. Most importantly, "damages". If she has no damages that were caused by the incident, then she has nothing. Remember, she's a sports player and the "damages" could have been caused as the result of sports play. Also, there was a "time-lag" between any incident and her sports play; e.g., she went to practice.

However, since you gave her your information once, then you've complied with the California Vehicle Code. There is NO requirement that you give her the same information twice, or more. That's her responsibility.

So, don't bother contacting her again and, should you be confronted by her, or someone on her behalf, your response should be, "What accident? It never happened."

IAAL
 

athena1027

Junior Member
Litigation! said:
My response:

Wait a minute!

There was no collision report, no report to the DMV, no witnesses, and no report to the insurance company. What does this add up to?

That's right . . . there was no accident!

Personal injury is a matter of proof. If none of the above exist, then there was no accident.

"Negligence" has three parts that she must prove:

1. Your "duty" to her as a pedestrian. That's a "given." Under the Vehicle Code, the pedestrian in a cross-walk always has the right-of-way.

2. The "causation." That too is a "given." The cause of the incident was your car struck her legs - - if she can prove that the incident even happened.

3. Most importantly, "damages". If she has no damages that were caused by the incident, then she has nothing. Remember, she's a sports player and the "damages" could have been caused as the result of sports play. Also, there was a "time-lag" between any incident and her sports play; e.g., she went to practice.

However, since you gave her your information once, then you've complied with the California Vehicle Code. There is NO requirement that you give her the same information twice, or more. That's her responsibility.

So, don't bother contacting her again and, should you be confronted by her, or someone on her behalf, your response should be, "What accident? It never happened."

IAAL
Thanks IAAL. I should have thought of that before I called the insurance company today. I called them and reported the incident and gave them her contact information. So they will be dealing with her now. What are the possibilities now? And do I still need to submit a SR1 to the dmv? Thanks again.
 

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