Legal Question in Civil Litigation in California
Neighbor's insurance questioning me over hit and run
My neighbor claims that I am responsible for hitting her vehicle while it was parked on the street. Her vehicle was hit, but I did not hit it. The police filed a report determining that I was not at fault and returned 4 different times making the same conclusion. Than, yesterday, I received a phone call from her insurance company asking me questions that made me feel as though I was being set up for liability. They asked me ''if I had previous damage to my car'' and ''is my car still driveable.'' I, of course, answered yes. Should I contact my insurance company over the incident? Am I liable without a police report stating I was at fault? Should I bring an attorney in? What if the insurance company calls again for more questioning or serves me?
2 Answers from Attorneys
Re: Neighbor's insurance questioning me over hit and run
She has made a claim for the damage with her insurer. From the questions that you posed, it sounds as if the insurance company has their wires crossed and believes that you have submitted a third party claim. (First party claims mean her claim to the insurer.)
Insurance companies usually settle disputes like this in interinsurance arbitration. What this means is if her insurance company wants to go after you, they will want to contact your insurer.
You should be careful about what you tell her insurer, if you are not represented by an attorney, and you should never assume that her insurer is your friend. There is case law that written statements taken by insurance investigators in anticipation of litigation are considered the work product of the insurer's in house counsel or attorney that shows up later in litigation.
I would certainly take pictures of your car, and put any photos of her car in a safe place. If she does attempt to make a claim against your insurer, and you were not responsible, I would contact your insurer immediately and have them refer it to their fraud unit.
Police reports are generally considered inadmissible in a court of law, although they will show up in discovery proceedings and will be discussed by the parties. A finding of fault by a police officer is not binding on a court of law.
If you are served with papers, you should forward those immediately to your insurer. It would probably be best to contact your insurer now and give them the heads up that you are being accused of something. They will have the duty to defend you if you are sued.
Very truly yours,
Re: Neighbor's insurance questioning me over hit and run
Yes you should report the other carrier inquiry to your insurer with all information showing your lack of participation in the event.
No, you are not automatically liable, with or without a traffic collision report opinion.
No, you don't need an attorney at this stage.
If the carrier calls again, decline to speak with them
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