What is the name of your state? New York
My girlfriend got in a small bumper accident in a rest stop parking lot in New York. They were both backing out at the same time and the damage to both bumpers was in the exact same spot, the rear corner on the passenger side. He claimed she was at fault and intimidated her into giving him her info (license and registration, not insurance info), and he refused to give her his. They never filed a police report. His wife was there. Lindsey had no witnesses. Her car was packed full of stuff. They both pulled back into their spots after the accident occured in order to get out and discuss the situation. She was definitely moving when she hit him; she is not sure whether he was and how far out he had actually gotten. We currently live in MA. Her car was insured in MI at the time. I think that is all the facts I can think of at the moment.
He has now sent her a letter claiming that it will cost ~$650 to fix his car and he wants her to send a money order for the amount to the body shop for the damages. My questions are: Is my girlfriend at fault and liable to pay the damages? What course of action should she have taken at the accident? From a legal advice standpoint, should she pay him or refuse to pay him? What is the worst case scenario that could play out if he decides to continue to pursue her for the money (ie. could he start claiming bodily injury and requesting more money, and if so, can insurance then be brought in to protect against that)?
Any advice is greatly appreciated. Thank you.
My girlfriend got in a small bumper accident in a rest stop parking lot in New York. They were both backing out at the same time and the damage to both bumpers was in the exact same spot, the rear corner on the passenger side. He claimed she was at fault and intimidated her into giving him her info (license and registration, not insurance info), and he refused to give her his. They never filed a police report. His wife was there. Lindsey had no witnesses. Her car was packed full of stuff. They both pulled back into their spots after the accident occured in order to get out and discuss the situation. She was definitely moving when she hit him; she is not sure whether he was and how far out he had actually gotten. We currently live in MA. Her car was insured in MI at the time. I think that is all the facts I can think of at the moment.
He has now sent her a letter claiming that it will cost ~$650 to fix his car and he wants her to send a money order for the amount to the body shop for the damages. My questions are: Is my girlfriend at fault and liable to pay the damages? What course of action should she have taken at the accident? From a legal advice standpoint, should she pay him or refuse to pay him? What is the worst case scenario that could play out if he decides to continue to pursue her for the money (ie. could he start claiming bodily injury and requesting more money, and if so, can insurance then be brought in to protect against that)?
Any advice is greatly appreciated. Thank you.