• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I liable?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

htxtexans1

Junior Member
What is the name of your state (only U.S. law)? Texas

I was recently in a very minor car accident, and both myself and the driver were both "intoxicated" and we both didn't get citations. The incident was technically my fault, the officer asked me questions and got my insurance, but I didnt sign any paperwork, nor did I consent for the other person to get my insurance information. My question is, can he still make a claim on my insurance with no police report, without my signature or anything of that nature? I was never informed other than the officer stated that if the person who i had a collusion with can file a claim if he wants...?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? Texas

I was recently in a very minor car accident, and both myself and the driver were both "intoxicated" and we both didn't get citations. The incident was technically my fault, the officer asked me questions and got my insurance, but I didnt sign any paperwork, nor did I consent for the other person to get my insurance information. My question is, can he still make a claim on my insurance with no police report, without my signature or anything of that nature? I was never informed other than the officer stated that if the person who i had a collusion with can file a claim if he wants...?
either one of you can file the claim.

neither one of you were arrested for a DUI or DWI?
 

ecmst12

Senior Member
Of COURSE he can file a claim, that's what insurance is FOR. Would you rather pay him out of your pocket?
 

cyjeff

Senior Member
What is the name of your state (only U.S. law)? Texas

I was recently in a very minor car accident, and both myself and the driver were both "intoxicated" and we both didn't get citations. The incident was technically my fault, the officer asked me questions and got my insurance, but I didnt sign any paperwork, nor did I consent for the other person to get my insurance information. My question is, can he still make a claim on my insurance with no police report, without my signature or anything of that nature? I was never informed other than the officer stated that if the person who i had a collusion with can file a claim if he wants...?
Yes, he can.

You can still be civilly liable even without a ticket.
 

htxtexans1

Junior Member
either one of you can file the claim.

neither one of you were arrested for a DUI or DWI?
No we werent, i was just curious because I have different feedback from other people. I never gave him my info, but im assuming the officer gave him my info.
 

Isis1

Senior Member
No we werent, i was just curious because I have different feedback from other people. I never gave him my info, but im assuming the officer gave him my info.
okay. i'm going to tell you something right now. do not, under any circumstances speak of being intoxicated again during the incident under any circumstances to anyone from this point going forward.
 

Kersplat214

Junior Member
I agree totally with Isis. If you weren't given a citation for DUI/DWI at the time of the accident, never mention it again.

Any time you are involved in an accident, either party can file a claim with the insurance company of the other party. Your insurance company will fight the claim for you if they do not feel it is legitimate. That's their job.

On a side note, if no police report was filed and there were no pictures taken or witnesses at the scene, the other driver will likely be unsuccessful in filing a claim. However, if a police officer was called to the scene, it is highly likely that he did file a report. You should be able to obtain a copy of the report at police records. You can call your local non-emergency police number to find out where you can go to obtain these records. There is ususally a small fee associated with it. (Less than ten dollars.)
 

ecmst12

Senior Member
That's not true at all. OP already admitted he was at fault and in many accidents, fault is clear whether he admits it or not. If he rear ended the other guy, for example, or he had a stop sign where the other guy did not, his insurance will pay.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top