Q: Is a police report necessary to sue for injury and mental distress for an accident that occurred 1.5 years ago in NJ USA
I was involved in a car accident over a year ago where neither party was apparently injured with very minimal damage. I was clearly at fault but the opposing party even refused to get police involved and said it would be best to handle it ourselves. We exchanged insurance information and today (a year and a half later) I received notice I was being sued for injury and mental distress to the victim. There’s no police report and I have evidence of the minimal damage caused. Is there a valid case from the plaintiff?
A: The lack of report to a police report will be a weakness. Whether they can overcome that weakness will depend on the remainder of the available evidence.
A: They can still sue without the report. Their case would probably be stronger with a report. At any rate, don't dwell on that point - it's just one of the details of the case that will be sorted out. Notify your insurance carrier without further delay if you haven't already done so. Make a copy of the summons and complaint you received and turn the original over to your insurance carrier. It is their obligation to defend the claim and assign an attorney to you. Your duty, which is likely outlined in your insurance policy, will be to cooperate with the attorney assigned to you in helping with the investigation, providing statements, etc. You ask if there is a valid claim. That's something a court will need to decide, based on the information presented. Good luck
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