Florida Automobile Accident

[joseph]

I was involved in an accident a few weeks ago we agreed not to call the police because it was very minor. About a week later she calls and says she got an estimate and that I owe her roughly $500. I haven't noticed the estimate myself but she has currently threatened to get a lawyer. My question becoming does she have a case if no accident was reported and there had been no witnesses?

[Loughlin]

Florida has different rules than my state, so I can't give you a definitive answer. http://www.carinsurance.com/kb/content25384.aspx

I would suggest you contact a Florida accident attorney for specific questions and answers.

However, I can answer generally:

Yes, she has a case in the absence of an accident report or witnesses, but the burden of proof is on her.

Without witnesses, she must prove that you were at fault.  Without an accident investigation, she has no document that identifies witnesses, gives measurements, or indicates any problems with the roadway(e.g. construction zone signage, etc.).

It would be reasonable of you to ask for a copy of the estimate, and it would be reasonable for her to send it to you.

If the estimate is from a dealer or it seems too high, it would be reasonable for you to ask for a second estimate from a local paint and body shop with a good reputation, and it would be reasonable for her to get a second estimate.

It is likely that the threat to get a lawyer is a frivolous one.  I doubt that she can hire a lawyer for a $500 property damage claim.  It is not economically feasible.  However, if she does make a claim, you will want to turn this matter over to your automobile insurance company for a defense.  That is why you have auto insurance: for a defense and to pay any judgment within your policy limits.

I am sorry to hear of your trouble, but thank you for writing,

Albert Hollan

www.carwrecks.com

Houston, TX