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[mate]

I recently got into a car accident. I was at a stop sign wanting to take a left onto a two way street. It's a really terrible intersection because the little road I was on has a poor view of the oncoming traffic from the left. I had started to go, but once I got a clearer view, I quickly realized I wouldn't make it across without the oncoming car nipping the back of my truck. I stopped, hoping they would stop in time or swerve a bit to avoid the nose of my truck in their lane. They did not stop (which I think they were speeding or not paying close attention) nor did they even swerve, they drove through and skimmed the side fender of their car against the front of my truck. I sustained very little to no damage (a small cut in the plastic bumper), but their car sustained minor dents, scratches, etc. The woman who hit me is a temporary citizen from India and obviously did not know how to handle the situation. She insisted on calling the police and tow trucks. The officer did not write up a report nor issue a ticket to me (but did manage to convince the woman that no, she did not need to tow her car just because her bumper was dented...). Anyways, I really would like to avoid paying the insurance deductible and having my rates go up. I do not want to lie to the insurance company or anything, but I was curious if they can still claim fault against me since the police officer did not issue me a ticket or even write up an accident report; he just gave us forms that we could fill out and send in with our information and story. He gave no indication of who was at fault and pretty much just got our information and went on his way. It's pretty much her word against mine at this point I think. Thoughts?

[adaya]

You were involved in an accident and the other car seems to have been damaged.

It appears you were stopped but obstructing the oncoming traffic so a car was damaged while you were stopped in their lane. In my opinion this does not make you the cause but you clearly contributed to the accident. If your insurance company does not properly realize you were fully stopped they may feel you were entirely at fault. In my opinion your company should not consider this an at fault accident. Your duty is to fully explain the facts to your company.

[bearchan]

There is no requirement that any citations be issued at the scene for the driver to be determined to be at fault. Since you were entering the intersection from a road protected by a stop sign and an accident resulted, you almost certainly will be deemed to be at fault. A citation *may* influence the insurance company's decision but the lack of a citation against you does not get you off the hook for fault.

Police seldom issue citations when an accident only involves minor damage and there are no injuries unless there is something major such as DUI, no license, or no proof of insurance involved. The police don't investigate accidents or determine fault in minor accidents where there are no injuries; that is left up to the insurance companies to determine.

[jasper]

YES. They can file a claim. But with no evidence there was an accident you can dispute the accident and the amount of damage.

If you feel you were at fault and wish to offer them cash to settle this that can also be done.

But unless you tell the insurance company it was your fault they will work to deny the claim.

Good Luck

[chatima]

Police and insurance are two separate entities. The police have nothing to do with liability, or who pays for a claim.
Of course you can be found at fault.

[brenn15]

Yes, if this goes through the insurance companies it will count against you. Note the 'if' part.

It's not her word against yours, it's her word against yours AND the fact that you had the stop sign. Right there, that makes the accident your fault every time. The fact that you weren't charged doesn't mean anything, your vehicle caused the accident and that's that. It's impossible to argue with a stop sign, so don't bother trying.

But if there's no police report involved, and if neither of you notifies the insurance company, they'll never find out and be perfectly happy in their ignorance. What you want to do is offer to pay for her repairs yourself and call it even. She'll go to a repair shop and have them do an estimate, then the estimate is given to you. You pay the body shop, get a receipt AND (very important) get a signed statement from her verifying that you paid for the repairs and that your payment constitues full and final settlement (use those exact words) for damages caused on the ___th of ____ 2012 at the intersection of ___ and ___ in the city of ___.

NOTE: If you visit the body shop and let them know that you're paying the bill and not an insurance company, the repairs will often magically cost less. She gets to pick the repair shop though, because it's her car.

[jorian23]

Yes, the insurance company can still claim fault against you. Whether the police issued you a ticket or not, you will be proven at fault based on the incident.