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Rear end at traffic circle

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ShadV

New member
Maine

I was waiting at a traffic circle, and the car in front of me started to move into the circle. I looked to the left and focused on when to enter, but continued looking left as I moved forward and hit the car that didn't actually enter. She pulled into the circle and to the right, I parked behind her. We got out and examined the damage. There were no apparent injuries and the damage was about a football sized dent in my bumper and her fender. I provided my insurance information and asked for hers, and she said she didn't have it on her. I got her name and phone number. At this point I might have messed up. I had thought that we could leave the scene after exchanging information with no injuries and only minor damage, but I looked into it later and it seems we should have called the police regardless. I filed a claim with my insurance and I'm waiting on hers. What happens now? Am I vulnerable to being sued because we didn't call the police? Should I call the department now?
 


Zigner

Senior Member, Non-Attorney
Maine

I was waiting at a traffic circle, and the car in front of me started to move into the circle. I looked to the left and focused on when to enter, but continued looking left as I moved forward and hit the car that didn't actually enter. She pulled into the circle and to the right, I parked behind her. We got out and examined the damage. There were no apparent injuries and the damage was about a football sized dent in my bumper and her fender. I provided my insurance information and asked for hers, and she said she didn't have it on her. I got her name and phone number. At this point I might have messed up. I had thought that we could leave the scene after exchanging information with no injuries and only minor damage, but I looked into it later and it seems we should have called the police regardless. I filed a claim with my insurance and I'm waiting on hers. What happens now? Am I vulnerable to being sued because we didn't call the police? Should I call the department now?
There is no legal requirement that the police be called to the scene of the accident, however:

"A reportable accident must be reported immediately by the quickest means of communication to a state police officer, or to the nearest state police field office, or to the sheriff's office, or to a deputy sheriff, within the county in which the accident occurred, or to the office of the police department, or to an officer, of the municipality in which the accident occurred."

A "'reportable accident' means an accident on a public way or a place where public traffic may reasonably be anticipated, resulting in bodily injury or death to a person or apparent property damage of $1,000 or more. "

(https://legislature.maine.gov/statutes/29-A/title29-Asec2251.html)


As for being sued, let your insurance handle that - that's what you pay them for.
 

adjusterjack

Senior Member
Should I call the department now?
Check the PD website. You can probably report it online. Take a screen shot of the page you fill out and save it to your computer.

property damage of $1,000 or more.
My experience with fender benders is that the combined cost of the repair of the damage to both cars will likely exceed $1000.

sked for hers, and she said she didn't have it on her.
Won't make any difference. In case you're wondering, you're at fault for not paying attention. Your insurance will pay for her damage without question.
 

zddoodah

Active Member
At this point I might have messed up. I had thought that we could leave the scene after exchanging information with no injuries and only minor damage, but I looked into it later and it seems we should have called the police regardless.
According to whom? I've never known the police to care about non-injury accidents with minor damage.


I filed a claim with my insurance and I'm waiting on hers. What happens now?
Assuming the other driver submits a claim with your insurance, your insurer will review the matter and likely pay the cost of repair of the other car under your liability coverage. If you carried collision coverage and submit that to your insurer, then your insurer will pay the cost to repair your car, less your deductible. Either way, your insurer will ask for a statement from you about what happened.


Am I vulnerable to being sued because we didn't call the police?
No. You're vulnerable to being sued for rear ending the other car, but that's not likely to happen unless your insurer declines the claim for some reason.


Should I call the department now?
I can't think of any good reason to do that other than the requirement mentioned in the link provided by Zigner for accidents that result "in bodily injury or death to a person or apparent property damage of $1,000 or more . . . based upon the market value of the necessary repairs and may not be limited to the current value of the vehicle or property."
 

ShadV

New member
I ended up calling for peace of mind, she also contacted them and I got her information through them. Claim is filed, now I wait. Thanks for the replies
 

Zigner

Senior Member, Non-Attorney
I can't think of any good reason to do that other than the requirement mentioned in the link provided by Zigner for accidents that result "in bodily injury or death to a person or apparent property damage of $1,000 or more . . . based upon the market value of the necessary repairs and may not be limited to the current value of the vehicle or property."
Failure to do so is a misdemeanor.
I'm not commenting on the likelihood that the OP would actually be charged for a failure to do so, but it's possible.
 

Taxing Matters

Overtaxed Member
My experience with fender benders is that the combined cost of the repair of the damage to both cars will likely exceed $1000.
You're right. Any repair to a reasonably modern car is expensive and can easily run over a thousand dollars if it's something more involved than a simple part replacement of a part that isn't all that costly. Car accident damage that exceeds a mere scrape of paint can easily run over that. Most people I know underestimate what those kinds of "simple accident" repairs cost and are stunned when they get the repair bill.
 

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