is my son liable for a collistion he didnt cause if the car he was driving had no insurance?

my son was driving his freinds car who has no insurance. another car hit the car my son was driving, the woman called my home wanting money. even though the accident was so minor that the police department have no report on it. and she told me shad had a copy of this fantom report, unsure how to handle, pay her? dont pay her?

Public Comments

1. tell her tough, that there is no report and she is lying, and tell your son he is liable for anything on his friends car, if it was unlicensed, no insurance etc. it is the DRIVERS responsibility to make sure the car is registered and insured,, also your sons auto insurance should cover for 30 days any vehicle he drives,
2. If she filed an accident report with her insurance company, you're screwed. Its basically her word against your son's, and since she filed the claim, she'll probably get the benefit of the doubt. You could probably take her to court, but that might be costly.
3. Don't pay her. Take her to court.
4. DON"T PAY ANYTHING until you are taken to court and told to do so by a judge! If there is no report there was no accident, that's how a judge is going to look at it. Ask her to see the report if you want, but you aren't obligated to do anything. You might consider trying to get to the bottom with your son to be sure you have the whole story. Good luck
5. No, do not pay her. Tell her if she thinks she has a claim against you, to submit it to her insurance company. They won't come back on you for the money. Or suggest she call the police and file a report. Given the facts of the accident (she hit your son's car) she doesn't have a leg to stand on. Whether your son's friend had insurance or not is not important. He wasn't at fault and neither was your son. Don't pay this woman!!
6. yes,insurance is mandatory on a motor vehicle,thank god he did hit a pedestrian!
7. Does your SON have insurance on his car? If so then it will probably extend to his friends car -- that way his insurance company can handle it. If not then then tell her to turn it into HER insurance company, go to your corners and come out fighting. Another twist to this story (being a father of a teen myself) is that you better be dang sure that your son didn't hit the other car -- teens being teens and all. The moral of this story: don't drive with insurance. Damn.
8. If there is no insurance on the car your son was driving -your policy will come in to play. Call your auto insurance company now and tell them about the claim. They will look into the coverage and the liability. If your son is not at fault - they may deny the ladies claim. If she sues - since you have notified your company- they will hire an attorney to defend you (per your policy provisions). If they decided the accident is your son's fault -they will take care of it. The fact that there is or is not a police report - does not make the accident go away. Even if there is no police report - you can be held liable for injuries/damages that you cause. DO NOT try to handle this yourself and DO NOT ignore this lady. She is not going to go away. Depending on what state you live in -the statute of limitations could be anywhere from 1-4 years. That means, she could come back in 2 years. Regarding fault: it's not who hits whom -the person that is at fault is the person that is the "proximate cause" of the accident. For example: Joe pulls out from a stop sign into Stacy's path. Stacy hits Joe's car. Yes...Stacy did the hitting but since Joe had the stop sign and she did not - Joe is the cause of the accident and it is his fault. Get this into your insurance companies hands now. That's what you pay premium for. Also - your policy has language in it that says you will notify them of an accident in a timely manner. If you do not tell them about this and the lady files a law suit and wins (ie - the judge tells you to pay) - then you go to your company - they may deny coverage b/c you did not live up to your policy provisions.
9. Well you are off to a bad start. Because she went and made a police report, and your son didn't. But yeah I agree with others. Don't pay here. If she sues you (which she probable will not). I believe that you can argue that it's the car owners responsibility, because they did not have insurance.
10. AD is correct; it does not matter if damages are minor or there is a police report; call you insurance company and report this; (you do have insurance?) the insurance companies will determine liability; your were not there and only have your sons account; the other lady wanting money has the same info; (nothing) once the insurance company determines who is at fault, they will pay either the woman harrassing your or the friends car you son was driving good luck