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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33938
Experience:  Began practicing law in 1992
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My husband & I were in an accident last week, a women crashed

Customer Question

My husband & I were in an accident last week, a women crashed into us on the hwy and we all pulled over, no one was hurt but I was sore from the seat beat, we exchanged info I tried to tell he I would call the police but I didn't have a cell phone and she wouldn't let us use hers. When I got home, I called her insurance and she has no insurance. Is it true, I will not have any recourse because there was no police report. We have over $3500 in damages. I called my insurance and I knew I had no collision because the Van is over 10 yrs old and don't have uninsured mortorist. I also thought that you didn't need a police office if you got all the info, we are located in Florida? Jane
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Who told you that you would have no recourse?
Customer: replied 2 years ago.

I talk to a cop yesterday, he said no police report, I am screwed

Expert:  Dwayne B. replied 2 years ago.
He's incorrect. Some insurance companies give you problems about paying a claim with no police report and it can make it harder to win your case since it is a "he said she said" kind of deal but there's no law that says you can't sue and win without a police report.
Expert:  Dwayne B. replied 2 years ago.
Particularly in a case where they had no insurance. It also makes it almost impossible to get their license suspended without filing and completing a lawsuit if you don't have a police report but it definitely doesn't mean you have no recourse.