Visitor Question

No citation and refused medical attention…

Submitted By: Anonymous (Cincinnati, Ohio)

I was coming off an exit ramp, turned right on a street, and looked right then left waiting for 2 cars to pass. It was okay to turn right at a red light, so I proceeded and then saw someone leaning on the  hood.

I stopped immediately and got out to make sure they were okay. They said they were fine and even claimed, “I figured you didn’t see me, but wanted to cross before the crosswalk light turned red.” They said they didn’t need to call the cops, but I gave them my number anyway.

Witness called the cops, and they showed up anyways. I told my side, and then they talked to the victim. She said she’s fine, refused medical attention and didn’t want to file a report. The police officer came back to me and still concerned, said the victim doesn’t want to file a report, and didn’t cite me for the incident.

A week later I get a call from someone claiming to be the brother of the victim, and her primary care physician wants her to get x-rays of her to make sure she’s okay.

Am I responsible in any way? I even asked to have the sister call me, but she never does. Her so called brother keeps calling wanting insurance information, and it’s been over a month since this all occurred.

What should I do? I don’t remember the victim’s name and never got her phone number. Am I responsible in any way? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

You should immediately turn the matter over to your insurance company. A driver’s insurance policy has a clause requiring the driver to notify the insurance company in case of an accident.

The car insurance policy is a “contract” between the policy holder (driver) and the insurance company. The policy language basically says to the policyholder (the insured)…

“You notify us in case of an accident, and that way we will be prepared in the event someone decides to pursue a personal injury claim or property damage claim against you. And don’t worry, if we find out the accident was not your fault we will deny the other driver’s claim and not hold the accident against you. By the way, if you don’t notify us after an accident, we retain the right not to insure you for the accident. If that happens, you will be on you own.”

Now that is pretty extreme, and in most cases, insurance companies will not be so strict. However, it is always a good idea to comply with the insurance policy language.

The failure to obtain the victim’s name has no bearing in the assignment of fault, if any. Additionally, you’re under no legal obligation to speak with the victim’s “brother.” That is why you pay insurance premiums. Once you contact your insurance company and give them the accident information, they may contact the brother of the victim.

You have the option of giving the brother your insurance information. That way the brother can contact the insurance company and deal directly with the them. You can be confident if your insurance company doesn’t believe you were at fault, or they don’t believe the woman was really injured, the insurance company will likely not pay the claim. In that event, it’s highly unlikely the insurance company will hold the claim against you.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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