Legal Question in Personal Injury in Indiana

I was at fault in an accident where I hit another car in front of me. It was a very low speed impact and at the time, the driver of the other vehicle said not to worry about it as we saw no new damage. They had already been hit from behind and had damage to their bumper. Even stated that they already had damage to the bumber that needed to be fixed anyway. Where I hit them, no damage appeared. I hit them on right side of bumber, old damage is around the plate area and to the left. Since then (6 months later), the driver filed a claim with their insurance and now their insurance is after me for bumper replacement costs. I am arguing that the driver and I both agreed that no damage was done to their bumper from my hitting her. The insurance company claims that any impact to a bumper causes damage and I'm responsible for replacement. They have already sent it to a collection agency and I still refuse to pay for it. I figure at some point, they will report nonpayment to credit agency and my credit score goes down. I would like to go to court to make my case that I did no damage and am not responsible for any damage. All damage they have mentioned so far was done prior to my hitting them. Again, no new damage was done. I hit her in a different part of her bumper. That area is clean. Is it even possible to fight this? Or, being that I'm the last one to hit her, I'm responsible by default (even though there is no visible damage) because I hit her?

Thank you

2 Answers from Attorneys

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