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  1. #1
    Join Date
    Feb 2007
    Posts
    1

    Default Filing a mini tort claim without having a police report

    A few days ago, I was involved in a car accident where the other driver was at fault. The damages were not great, so I ended up not calling the police. I filed a mini tort claim with the other's driver insurance. However, the insurance company would not pay, as the other driver has not admitted her fault to the insurance company.

    I am considering taking this claim to small claims court. Do I have a chance to win without having a police report?

    Thanks, Ikki

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Filing a mini tort claim without having a police report

    Go and see if the police will accept a report, despite your delay. That may be enough for the insurance company to pay. But no, you don't need a police report to file a small claims case - it's not normally even admissible as evidence.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Filing a mini tort claim without having a police report

    If the police do take a report, keep in mind that they are not likely to be able to assign fault on a late "counter report". In CA we can NOT assign fault in those instances. Other states might, but I would doubt they would do so.

    - Carl

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