Legal Question in Personal Injury in Indiana
My son was involved in an accident with another youth and they did not file a police report. My son's car had no damage and the other vehicle has a scratch on the driver's side which was not the side of the car my son was on. It was a 4 lane street with a low concrete median on the side of the car that the supposed damage was on to the other vehicle but nothing on that median that would have caused damage to the side of that car. The other driver said that my son pulled out in front of him into the same lane he was in and that he moved to the right hand lane to try and avoid my son's car. Obviously I believe my son and the other mother believes her son. There were passengers in her sons vehicle so her son has his friends as witnesses. The other car asked my son to pull over ahead into the McDonalds parking lot and my son did. I don't want to pay for damage to a vehicle that was already damaged prior to this incident.
1 Answer from Attorneys
I would turn the claim into your insurance company and let your son tell your insurer what happened. They will provide a lawyer for your son if the other folks sue, which I doubt they will under the facts you have provided. Your insurer will not pay the other claim if it feels as you do that your son was not at fault.
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