Legal Question in Personal Injury in Tennessee
I live in Memphis Tennessee. My car was rear ended by a guy I used to date back in Oct 2011. The guy who hit me drove me to the hospital because I couldn't find my phone. I was hit pretty hard( it knocked me into the opposite lanes of traffic). I admit I was a bit shaken up, crying, and was not thinking straight. I agreed to let him drive me to the hospital since we were right down the street and I couldn't find my phone to call anyone. Before we left the scene of the accident the guy agreed to pay the costs to have my car towed home and repaired. He acted as if he was concerned about me being hurt. He begged me not to file a police report because he didn't have insurance and was driving on a suspended license. He said that if he went to jail he surely wasn't going to be able to pay me. I felt sorry for the guy since I knew him and I just wanted to get my car fixed. I have cell phone recordings of him saying that he was going to pay me for the damages to my car. Once to the hospital the attendants called the police. The police came out and said that they would have to tow my car if I decided to file a report, so I declined. I didn't want my car to go to the impound and risk losing it, as I knew that I didn't have the money to pay impound fees. And the guy was already saying that he was going to have to get cash from people to help get my car back on the road. Since then he has made one $50 payment and now refuses to pay me anymore. He is now working and he wasn't at the time of the accident. My question is can I still file a civil suit against him even though I did not make a police report about the accident? I have pictures of the damage, text messages, and call recordings of him saying that he was going to pay for the damages.
1 Answer from Attorneys
Yes, you can still file a civil suit against him without having made a police report. You should contact a Memphis attorney about representing you. You should be able to find a good one who will take the case on a contingent fee so the only money you should have to pay up front would be a retainer and court costs. Best of luck to you.