No insurance; parking lot accident

A family member had their vehicle parked without insurance in a parking lot. Another vehicle hit my family members vehicle while it was parked. (The police were never called to the scene). The other driver did not want to go through insurance and claimed they would fix the vehicle but then filed a Police report stating it was my family members fault. We were unable to file the police report because the day after the vehicle was hit it was at the body shop being fixed and the Police officer would not file the report since the vehicle had already undergone repairs. The insurance company is now trying to pursue my family member for the cost of the repairs (approx. $3,000.00) but when he asked for proof to show that it was his fault they did provide any documentation. They only sent letters to claim the balance. My family doesn't have any proof on his end so he can't file a counter claim. They are threatening legal action against my family member but would it not make sense that they could simply provide proof now to prevent any further cost? I understand that they have a legal team on salary but it would save time and resources to resolve the matter before going to court no? Does anyone think the insurance company is bluffing and just trying to get my family member to admit fault? Any insight would be appreciated. Also.. we called to try and get video footage but non of the local shops had footage, no witnesses around the area that saw what happened.

I am guessing you were reluctant to report the accident because the lack of insurance. The law requires you report the accident to police within 48 hours if the car is drivable (immediately if the car is not drivable) and the combined damage is over $1000. Not reporting the accident and impeding the investigation by repairing the car before it can be examined means that only the other party's statement is considered and all the fault is assigned to you and the insurer is trying to recoup the losses from you. I'm surprised you weren't charged in relation to not having insurance. Be prepared for a lawsuit.... $3000 is nothing the other party has 1 year to file a personal injury claim...then you are totally _____ed. I'd pay the $3000 if it you get it in writing that they both the insurer, other driver and occupants will not pursue a personal injury claim against you.

ynotp wrote:

I am guessing you were reluctant to report the accident because the lack of insurance. The law requires you report the accident to police within 48 hours if the car is drivable (immediately if the car is not drivable) and the combined damage is over $1000. Not reporting the accident and impeding the investigation by repairing the car before it can be examined means that only the other party's statement is considered and all the fault is assigned to you and the insurer is trying to recoup the losses from you. I'm surprised you weren't charged in relation to not having insurance. Be prepared for a lawsuit.... $3000 is nothing the other party has 1 year to file a personal injury claim...then you are totally _____ed. I'd pay the $3000 if it you get it in writing that they both the insurer, other driver and occupants will not pursue a personal injury claim against you.

The family member attempted to file the police report within the 24 hours but the officer would not come because the vehicle was under repair. The police officer did not have sufficient evidence to lay the charge of driving without insurance as theres no witnesses or camera footage showing that the vehicle was not in a parking lot. I don't understand how the liability is on my family member when the car was parked and it was in a parking lot and he has requested proof to show otherwise but no one has done anything? This doesn't seem right, if the vehicle wasn't on the street and parked why does that make my family member liable?

Just how do you expect a police officer to inspect a vehicle that is under repair? In many urban areas you are required to attend a collision reporting centre not have the police make a housecall.

You don't have to pay the amount the insurance company is asking for, but they may sue you in small claims court.

ynotp wrote:

Just how do you expect a police officer to inspect a vehicle that is under repair? In many urban areas you are required to attend a collision reporting centre not have the police make a housecall.

You don't have to pay the amount the insurance company is asking for, but they may sue you in small claims court.

ynotp wrote:

Just how do you expect a police officer to inspect a vehicle that is under repair? In many urban areas you are required to attend a collision reporting centre not have the police make a housecall.

You don't have to pay the amount the insurance company is asking for, but they may sue you in small claims court.

He wasn't aware that this was required, he was in an accident years ago and no one ever filed a police report and there was not any issues. As soon as he checked and found out it was required he made the call but the vehicle was already being worked on.

You need to try and get proof that he called the police within 24 hours? Even though they did not take an official report, maybe they have some notes about the call. If there is no proof that the call was made to police then you are definitely in trouble as ynotp said above: "Not reporting the accident and impeding the investigation by repairing the car before it can be examined means that only the other party's statement is considered and all the fault is assigned to you"