Although this may be answerable by other state laws.
A friend (really…not me. I swear) was driving down one of the many bustling highways in Atlanta. A car swerved over into her lane in front of the car in front of her. The car directly in front of her hit the brakes to avoid a collision at which point my friend also tried to do the same. Her foot slipped off the brake with the end result being that my friend crashed into the bumper of the car in front of her.
The 2 cars pulled over. Neither car had any obvious exterior or interior damages. No cops were involved. In a matter of minutes the lead driver said (essentially) “No worries. Nothing looks wrong. Let’s just go about our way.”
So, both pulled off on their merry way.
My question is can anything come of this down the road? No information was exchanged, no cops were involved, no damage was apparent, and the lead driver had no issues with the situation. Should my friend do anything to protect herself on the off chance something odd (like the lead driver claiming injury 6 months from now)? Or, will the lead driver have no future lega legs to stand on considering the lack of all I mentioned above?
Lead driver could theoretically assert a claim for damages down the road. There is a two-year statute of limitations for personal injuries, four years for damage to property.
But if no information was exchanged, how would the lead driver even know who ran into him? Sounds to me like he’d have no way to know whom to sue, even if he decided to pursue it.
Assuming he did know, and assuming he did assert a claim, you’re correct in thinking that he would be unlikely to recover under the circumstances. But the theoretical answer is that, yes, he could still assert a claim.
It sounds like the lead driver didn’t have any insurance, or otherwise didn’t want to cause the police to notice him. Damage from an accident isn’t always visually apparent, and it doesn’t always show up right away. Your friend should have someone knowledgable take a look at the car.
That’s just what I’ve seen in the past why people don’t want to call for the police in any kind of accident. Especially when they’re rear-ended.
Your friend should call his insurance company. I was in a similar accident, with no visible damage and no injuries. About a month later, I got a letter from some sleazy lawyer representing the “injured” party. There is a substantial group of lawyers, doctors and chiropractors who specialize in extracting money from insurance companies for minor or nonexistent injuries. In many cases, they file fraudulent claims. Some people treat these accidents as winning lottery tickets.
And this should be a lesson to all involved, never, ever drive away from an accident scene without some information, even if it’s just license plate numbers and general descriptions of the others drivers.