Legal Question in Traffic Law in New York

'' Tapped bumper of parked car, no damage, owner took my number anyway''

I was pulling out of a parking space at my college (the rows are very narrow) and I gently tapped the car parked directly behind me. I tapped her car so gently I did not even realize I did so,until I saw her staring at me and rolled down my window to see what she was looking at. When I got out of my car to look at her car, there was NO damage to her vehicle as well as to mine, I have a rubber bumper and tapped her so gently one would realize no damage could have possibly been done.She demanded I give her my phone number and after 5 minutes of bickering I felt I had no other choice but to. I am afraid that she is going to claim she needed her car waxed, buffed, detailed, etc. to get out the ''mark'' she claimed was there. What can I do? Am I entitled to pay her if she claims she had to have one of these services done to her car? What should I have done in this situation?


Asked on 2/14/03, 2:36 pm

1 Answer from Attorneys
Rod Kovel Rod Kovel, Attorney at Law

Re: '' Tapped bumper of parked car, no damage, owner took my number anyway''

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Technically, you are responsible for all damage, no matter how minor. If you have the other driver's address, go get some photos of her car in case the situation becomes exaggerated after the fact, use the date feature if you have it, and have the photos blown up to a big size. Also carry a disposable camera with a flash in case it happens again.

You can settle with her privately and not file a claim, but you may have to notify your carrier anyway (check the policy).

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/14/03, 4:03 pm


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