Legal Question in Traffic Law in California

If two drivers attempt to switch lanes and in turn bump each other, with no damage to one car and only scuff marks and a ding to the other car... and no police were called nor a report filed... Can the driver with the scuff marked car insist that the scuff marks be removed or fixed? Especially when the car with scuff marks has obvious damage from previous accidents.


Asked on 10/03/09, 7:39 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If both drivers were at least partially at fault, and you have photographs of the damage to the other vehicle (including pre-existing dents and dings), you can take your chances that the other driver won't pursue the claim. On the other hand, you might consider reporting it to your insurance carrier if fixing the other car would be costly. They're supposed to be the experts in resolving these issues.

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Answered on 10/04/09, 7:25 pm


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