Can a second accident affect a yet-to-be-settled case?
October 20, 2012 10:11 AM Subscribe
YANML, but please help me weigh the benefits of filing a police report about a car-bike accident when a settlement is still in process from a previous accident.
posted by nonmerci to law & government (10 answers total) 1 user marked this as a favorite
The question might be confusing, so let me explain.
Situation #1: My partner was hit by a van last night while biking home. The van ran a stop light, and both he and the van were going around 5 mph. The van sped off before he or any of the passers-by could see the license plate. He was considering filing a police report, but he is unsure for the following reason:
Situation #2: About 10 months ago, he was in a worse accident, where a car hit him in a different area, also while biking. That settlement is pending, and they are paying for his health insurance, etc. He had right of way in this instance (as in the above), has a lawyer, etc.
He is concerned that if he files a police report about situation #1, then situation #2 will be affected. Mostly, he is concerned that he might not get a settlement as a result, or that his health problems from the first situation will be blamed on the second (he suffered a separated shoulder from situation #2--he is fine as far as we can tell from situation #1), etc.
His parents think he should absolutely file a police report regardless of these concerns. What do you all think? Will it hurt him to file? Does it matter? As far as I can tell, nothing will happen if a police report is filed, since police here don't spend much effort on bike-related crime or accidents. I know you are not our lawyer, but any advice would be appreciated.