I had a small car accident a week ago, i try to get out from the road side parking to the main street(i did use left turn signal and also look at the back screen before i go out. The accident happen is another car is almost hit my side car. Both of us had the emergency break at the same time. Both car is safe and without any crash. But the passenger in that car flew from the back seat to in front and hit the windshield window. The windshield window of another car have a little bit crash after hit by his passenger. afterthat the car owner try to call the police, then the police come to the accident place. The police said this is not an accident because do know have any crash. The police do not want to do any report. Then passanger request an ambulance by asking the policeman call the ambulance. Then I try to exchange information with the car owner then i did accompany the passanger to the hospital because the car owner gonna rush to open the restaurant. Today he try to call me ask me pay for the car service fee and also ask me pay the medical fee of his passanger. he said wanna sue me to the court. What should i do ? I am really new in new york and i had no idea with those rules here. can anyone provide me some professional knowledge.
refer the hurt occupant to the other car to the car owner. His insurance, assuming you had permission to drive the car, should cover these expenses, if the insurance company views the claim as legitimate. Obviously the police said, from what I understand, that no accident occurred. No accident, no liability on your part.
The car owner needs to alert his insurance company to the fact that an incident occured which required medical treatment on the part of someone involved in the “accident” and that that person seems to want to pursue a liability and/or medical liability claim. Let the car owner and insurance agent sort it out from there.
Right now, I would view the threat to sue you as a threat, not necessarily an active one. However it is important that the car owner report the incident and determine if what the police said is correct, whether the insurance company will bear any liability given the car ownership situation and you as a permitted driver; and whether either you or the car owner has any liability when the police refused to write a police report on the incident.
Don’t reimburse anyone’s expenses at this time. That can come later, if you are liable, and with the help of a lawyer or Legal Aid Society.
You did not hit him, and he did not hit you, therefore, there was no accident.
No accident=no liability on your part.
The other driver applied his brake very hard, and his passenger flew from the back seat to the front, hitting the windshield. That is the fault of the driver–for “not keeping his vehicle under control”, and the passenger–for not wearing a seat belt.
In most states, probably including NY, the driver is required to have all of his passengers secured by seat belts. If the passenger was not wearing a seat belt, that could actually be a “moving violation” for the driver. If the passenger in that other car has any injuries, they are a problem for the driver of the other car, not for you. Since you and he did not collide with each other, you have NO liability or responsibility here.
Ignore this guy, or when he calls, tell him that he has no legal case against either you or your insurance company. He can try to sue you, but no competent attorney would take a case such as this, simply because there is no cause for legal action.
Agree with Jayhawk and VC, even the police. This was not an accident. It was a near miss, but not an accident. You did too much.
The passenger is the responsibilty of the other driver. It is the driver’s responibilty to secure his passengers and cargo, not yours. Say he was alone and something from the back seat flew up and hit the driver in the head, his problem; not yours.
I think there could be more to a simple “no contact no accident”. If one mans negligent action required another to take evasive action perhaps a case exists.
The hurt passenger will definitly get any award reduced for no seat belt.
Here in AZ it is not required for back seat people to belt up but people are working on changing that. Our DPS will chew you out for not buckling up in the back seat but they can’t ticket.
In most states, probably including NY, the driver is required to have all of his passengers secured by seat belts.
This isn’t the case in NY. In NY if:
- You’re over 16
- You’re not in the front seat
- The driver does not have a class DJ driver license/learner permit.
Then you don’t have to wear a seatbelt.
Also: I would have expected the other drivers no-fault personal injury protection coverage would have covered his passenger. So I can’t see why the drivers would have to deal with each other directly.
You may need a local attorney, but not yet. It would appear to me that you likely have no legal responsibility in this matter. My personal feeling it the only fault and responsibility are the injured party’s as they failed to use a seat belt. But laws vary from location to location.
If anyone wants to contact you, just tell them you will only speak to their lawyer or to the legal authorities. Then if an attorney calls, tell them they can speak to your attorney as soon as you pick one.
He has your insurance information. Tell him to file a claim with your insurance company. Your insurance company will probably contact you for information on what happened, then they deal with it.