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  1. #1
    Join Date
    Oct 2013
    Posts
    2

    Default Accused of Hit and Run by a Driver Who Rear-Ended Me then Told Me to Leave

    My question involves insurance law for the state of: New Jersey
    Hi my coworker rear ended me 2weeks ago he only had liability insurance and I had no insurance. He told me to go head and leave since it was his fault so I left and he gave a police report sayin it was a hit and run he told the police he didn't see the license plates and he gave a different color car make and model. I have received claim investigation papers so I guess he gave his insurance company my plate number I know he will not sue because we are friends I think he only gave my plate numbers so he can try and get his car fixed but he didn't know he only had liability so their giving him the run around. I was scared of criminal charges because of the hit and run but I didn't receive anything from any police since I wasn't in the police report and I really don't want to respond to the claim investigation because it wasn't my fault and I don't have insurance. Will his insurance company take criminal action or try to sue me even though he only has liability?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,513

    Default Re: Will Their Insurance Company Take Criminal Action or Sue Me

    Quote Quoting Kenneth47
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    my coworker rear ended me 2weeks ago he only had liability insurance and I had no insurance. He told me to go head and leave since it was his fault so I left
    I find it hard to imagine that anybody can be stupid enough to leave the scene of an accident because the person who hit you said it was OK to leave.

    Quote Quoting Kenneth47
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    I know he will not sue because we are friends
    Think again.

    The reason he won't sue you is because the front of his car hit the back of your car and there isn't any way he can make a case for you being at fault.

    Quote Quoting Kenneth47
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    I really don't want to respond to the claim investigation
    If that's the insurance company's claim investigation you have no obligation to respond to it.

    However, if the police come knocking at your door I suggest you keep your mouth shut and hire a lawyer.

    Quote Quoting Kenneth47
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    Will his insurance company take criminal action
    The insurance company cannot take criminal action. However, the insurance company can report the incident and your identity to the authorities and then it's up to the authorities to decide on taking action.

    Quote Quoting Kenneth47
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    or try to sue me even though he only has liability?
    His insurance company won't have anything to sue you for if he only has liability because they won't be paying for his damage. No pay, nothing to sue for.

  3. #3
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Will Their Insurance Company Take Criminal Action or Sue Me

    You need not respond to an insurance inquiry. The company is basically trying to determine if you have insurance, which you don't, because their driver is not covered under his policy.

    The insurance company undoubtedly asked your friend for the police report number and may inform the investigating official of your plate, vehicle and personal information. So the police may come looking for you.

    First, NJ only requires reporting an accident if there is more than $500 in damage. So, if you can reasonable argue that there was less than that or that a reasonable person could conclude that there was less than that, you had no obligation to report the accident. Second, since your friend gave the false information to the police and the right information to the insurance, you can argue that the police report is fraudulent or the insurance report is fraudulent, basically attacking the credibility of the states only witness to the case.

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