My Fault Accident, But Other Driver Said 'No Problem'

[break_bread]

Michigan.

I backed into a Van the other day with my U-Haul style truck. There was no damage to my big steel rear bumper but damage to the other Drivers Van.
He said it was 'no problem' and too just go on.

So my question is if he was legit and what not, what could he do now since there was no report taken at the scene???

Could there still be an issue or since he was stupid and said to just go on is he **** out of luck?

Thanks a MILLION in advance to any help, thank you.

 

[Zigner]

Michigan.

I backed into a Van the other day with my U-Haul style truck. There was no damage to my big steel rear bumper but damage to the other Drivers Van.
He said it was 'no problem' and too just go on.

So my question is if he was legit and what not, what could he do now since there was no report taken at the scene???

Could there still be an issue or since he was stupid and said to just go on is he **** out of luck?

Thanks a MILLION in advance to any help, thank you.

You are responsible for the damage you caused. If he does not seek compensation, great for you!

 

[ecmst12]

However, he is not legally obligated to let this go just because of that statement at the scene.

 

[BOR]

However, he is not legally obligated to let this go just because of that statement at the scene.

It "may" constitute a valid waiver though?

 

[Zigner]

It "may" constitute a valid waiver though?

Doubtful - "Don't worry about it" could just have easily been meant to defuse a tense situation. Like "Don't worry about it - that's what insurance is for"...

 

[break_bread]

Doubtful - "Don't worry about it" could just have easily been meant to defuse a tense situation. Like "Don't worry about it - that's what insurance is for"...

exactly what i was thinking.

but isnt he legally responsible for making a report at the scene of the accident?

 

[ecmst12]

Nope, there is no obligation to contact police or make any kind of report for a non-injury, minor damage accident.

 

[tranquility]

There's no enforceable waiver here.

I believe the driver of the vehicle has some requirements, which may or may not have been met here. Both drivers in this case. While each of you may have a problem if you violated the statute, it shouldn't really matter to liability.

Info edit:
257.618 Accidents; damage to vehicles; stopping required; reporting to police agency or
officer; penalty.
Sec. 618. (1) The driver of a vehicle who knows or who has reason to believe that he has been involved in
an accident upon public or private property that is open to travel by the public shall immediately stop his or
her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are
fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill
the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene
will result in further harm. The stop shall be made without obstructing traffic more than is necessary.
(2) If an individual violates the requirements of subsection (1) and the accident results in damage to a
vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than $100.00, or both.
History: 1949, Act 300, Eff. Sept. 23, 1949;Am. 1958, Act 35, Eff. Sept. 13, 1958;Am. 2005, Act 3, Imd. Eff. Apr. 1, 2005.

and:

257.619 Accidents; duties of driver.
Sec. 619. The driver of a vehicle who knows or who has reason to believe that he or she has been involved
in an accident with an individual or with another vehicle that is operated or attended by another individual
shall do all of the following:
(a) Give his or her name and address, and the registration number of the vehicle he or she is operating,
including the name and address of the owner, to a police officer, the individual struck, or the driver or
occupants of the vehicle with which he or she has collided.
(b) Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or
occupants of the vehicle with which he or she has collided.
(c) Render to any individual injured in the accident reasonable assistance in securing medical aid or
arrange for or provide transportation to any injured individual.
History: 1949, Act 300, Eff. Sept. 23, 1949;Am. 1958, Act 35, Eff. Sept. 13, 1958;Am. 1999, Act 73, Eff. Oct. 1, 1999;Am.
2005, Act 3, Imd. Eff. Apr. 1, 2005.

 

[BOR]

but isnt he legally responsible for making a report at the scene of the accident?

You say YOU were the one who caused the damage.

Here is MI's statute:

257.617a Accident; personal injury; reporting to police agency or officer; stopping required; penalty; suspension of license.

Sec. 617a.

(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

(2) If an individual violates subsection (1) and the accident results in injury to any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) The secretary of state shall suspend the operator's or chauffeur's license of an individual convicted of violating this section as provided in section 319.

History: Add. 1975, Act 170, Eff. Mar. 31, 1976 ;-- Am. 2005, Act 3, Imd. Eff. Apr. 1, 2005


IF however, he waived this right to your information/compliance, etc. you may be off the hook?

 

[justalayman]

Michigan.

I backed into a Van the other day with my U-Haul style truck. There was no damage to my big steel rear bumper but damage to the other Drivers Van.
He said it was 'no problem' and too just go on.

So my question is if he was legit and what not, what could he do now since there was no report taken at the scene???

Could there still be an issue or since he was stupid and said to just go on is he **** out of luck?

Thanks a MILLION in advance to any help, thank you.

unless the van was parked, Michigan's no fault laws would apply and you would owe up to $500 of his damages not covered by his insurance regardless what the amount of damages were to his vehicle.



If there is no claim of a hit and run, there is little to no chance of being charged for the statute. The intent is to provide your information to the injured party and if they defer the offer, then the police will typically not charge you later.

 

[tranquility]

There is no enforceable waiver of liability here. In addition, I don't think criminal statutes can be "waived" as a rule.

 

[justalayman]

it's not a matter of a waiver. It is a matter of whether the statute will be enforced and unless the injured party makes a claim of a hit and run or they claim that things did not happen as they did, they are not going to charge the guy.

and the OP will still only be liable for up to $500 anyway.

 

[break_bread]

unless the van was parked, Michigan's no fault laws would apply and you would owe up to $500 of his damages not covered by his insurance regardless what the amount of damages were to his vehicle.



If there is no claim of a hit and run, there is little to no chance of being charged for the statute. The intent is to provide your information to the injured party and if they defer the offer, then the police will typically not charge you later.

Actually yes, the Van was parked (at a gas station pump).

There was no injury (at least not 'yet')

And the other driver actually only gave his number to my supervisor (who deleted his number) and who was riding passenger at the time. No vehicle information was exchanged nor does he have ANY of my information besides maybe my name (not sure if my supervisor said gave that up, highly doubt-it)

The only info he would have would be MAYBE the license plate #.

He can still make an insurance claim against me?

 

[ecmst12]

He can. You should have provided your info at the scene.

 

[justalayman]

E=break_bread;2556793]Actually yes, the Van was parked (at a gas station pump).

well, that surely changes things.

And the other driver actually only gave his number to my supervisor (who deleted his number) and who was riding passenger at the time. No vehicle information was exchanged nor does he have ANY of my information besides maybe my name (not sure if my supervisor said gave that up, highly doubt-it)

Your supervisor? So, you were in a company truck with a big logo on this side maybe? Since he was legally parked, he did not have to give you his info.

The only info he would have would be MAYBE the license plate #.

and a license plate number?

He can still make an insurance claim against me?

Oh, absolutely.

why are you even here asking? Not being accusatory but this sounds like a typical situation where a hit and run driver would ask about. You are obviously concerned and if the guy actually blew off the damages, there would be no reason to be concerned.