Legal Question in Traffic Law in Virginia

Responsibility for mutual-fault, minimal damage fender bender

Two drivers back simultaneously out of parking spaces, and collide gently. Driver A sustains a ed taillight lens; Driver B sustains small blemish on rear bumper. Drivers exchange information, both are insured, etc. Damage is so minimal that no police/insurance were called.

A couple weeks later, Driver B calls to report that because the car is leased the blemish must be repaired, though not it was not significant enough to worry about if car was not leased.

Driver A requests copy of repair estimate, which is less than $500. Copy is eventually received, and Driver B, although no more at fault than Driver A, feels that it would be nice to cover at least part of Driver B's expense, and begins saving money in order to do so.

Unfortunately, because 3 months have passed since the bump (several weeks waiting for a copy of estimate), Driver B's spouse decides to become hostile, and threatens to call police and insurance. Driver A thinks that this is absurd, doesn't care to be bullied, and is reconsidering course of action.

What are the legal responsibilities of Driver A, and what sort of unpleasantness could result if Driver B's spouse continues to be obnoxious? Should Driver A contact insurance?

Thank you!


Asked on 7/13/04, 12:30 pm

2 Answers from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Responsibility for mutual-fault, minimal damage fender bender

Everyone there had a responsibility to make a report to the police, however by exchanging information you did the most important things. I would send a letter indirectly mentioning that you exchanged information under the guise of asking whether they have contacted either their insurance or your insurance company. However, no one in your situation (from what you describe) could be blamed any more than any other. So I don't understand what the wife thinks is to be gained by making her threats. Furthermore, I agree that the police is very unlikely to give a hoot about minor damage that the parties are working out between them.

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Answered on 7/20/04, 11:18 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Responsibility for mutual-fault, minimal damage fender bender

In this situation of apparent mutual culpability,

each driver is responsible for the minimal damage which each, respectively, caused to the other's vehicle.

However, if the amounts involved cannot be settled

in a satisfactory manner, the next stop is probably small claims court for the driver who wishes to pursue his claim.

Driver A, apparently, would be well advised to inform Driver B that he will only deal with him and not his spouse. (Threats to call police/insurance company are little more than vexatious distractions as neither is likely to

want to become involved at this juncture.)

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Answered on 7/13/04, 1:05 pm


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