March 27th, 2006, 03:10 PM
i rear ended someone a month ago.. not badly thank god. my car was barely damaaged and hers was even less.. no police were contacted at the scence.. and the lady who i had hit took down my information and informed me she would call me and let me know if she was going to have her car repaired but she didnt believe it needed it (plastic bumber with a tiny scratch) I waited for her phone call and waited.. finally a motnh later she calls me and tells me she got a car wash and noticed more... and now she wants me to pay for it after she finally gets around to getting estimates... do i have to believe her that she hasnt backed into something (for example) in the past month?? i think she should have called me following the accident.. or at least the police.. i live in ontario and i dont really know the rules and policies regarding car accidents but doesnt this sound a lil fishy?? any opinions would be greatly appreciated! :)
March 27th, 2006, 03:26 PM
I don't know about in Ontario, but in Quebec you're supposed to fill out a "constat amiable" at the scene of an accident, where both parties describe the accident and the damage that was incurred. Both parties sign it so that in events like these, you have proof of what the accident was at the time. Without that, if she can prove that you hit her, she can probably nail you for a hit and run if you're not careful. At least that is how it is in Quebec. We have no-fault laws here that help dissolve responsibility of the accident a bit, so it might even be worse for you in Ont...
March 27th, 2006, 03:38 PM
It is far worse here in Ontario, Prin. There's no such thing as "no fault", and anyone can be sued for any stupid little thing. :mad:
Really, though, if it's been over a month, she shouldn't have a leg to stand on. Go down to (or call) your local courthouse and ask them if there's a time limit on these types of things. There must be. I would think a month would be considered "unreasonable" by most judges, since anything could happen in that time, like you said.
For future reference for everyone out there, it's always a good idea to carry an inexpensive digital camera with you. That way, you can take a picture of the damage, the date and time will be "stamped" on the image, and you can keep it as proof in case something like this ever happens again.