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Repair Demand After a Suspected Bump With No Damage

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed July 25, 2023

Legal Inquiry

Consumer Legal Issue

I spoke to a previous lawyer, but I just wanted more information on the situation because I was told not to contact the person anymore. Basically, I was backing out and thought I bumped into someone's car because I saw a scratch, and left a note. But later on I had my car looked at and there was no paint on my car or any damages, and the girl ended up getting her car fixed. A month later she started calling me and saying I have to pay, even though it's fixed, but there were no damages or marks on my vehicle and everyone says I didn't hit her. So do I not respond to her and ignore her? Because people think she is trying to scam me for money.

Attorney Answer

Probably not — a demand for money is not a judgment, and nobody has to pay for damage they did not cause. But "just ignore her" is a decision to make with a lawyer who knows your file, not on your own.

Two separate questions are tangled together here. One is whether you did anything wrong when you left a note. The other is whether you owe her money. They have different answers.

On the first: Florida's leaving-the-scene statute for property-damage crashes, Fla. Stat. § 316.061(1), provides: "The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of such crash or as close thereto as possible, and shall forthwith return to, and in every event shall remain at, the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." The requirements it points to are in § 316.062(1): give your name, your address and the registration number of the vehicle you are driving, show your license on request, and render reasonable assistance to anyone injured. Leaving your information is the heart of that duty, and by your account you left it.

A separate statute, § 316.065(1), requires an immediate report to law enforcement only when someone is hurt or the apparent damage to a vehicle or other property is at least $2,000 — and it makes a violation a noncriminal traffic infraction, not a crime.

On the second question, money: she has to prove her case, not you. That means proving your car struck hers and that the repair she paid for was the damage you caused. She had the car fixed before anyone compared the two vehicles, which makes that harder for her, not for you. Your shop's finding that there was no transferred paint and no mark on your vehicle is evidence on your side. But "she probably cannot prove it" is not the same as "this is over," and whether to answer her, stay silent, or let an insurer answer for you is a legal choice.

What you can do

1. Tell your own auto insurer that someone has made a claim against you. Handling claims made against you is what the liability side of your policy is for.

2. Keep what you already have: photos of your vehicle, the written findings from the shop that inspected it, a copy of the note you left, and every text, voicemail and email from her. Do not delete anything.

3. Do not write out your own account of what happened for her, for her insurer, or for anyone else, and do not give a recorded statement. If police ever contact you about this, say nothing until you have spoken with a lawyer.

4. You were already told by a lawyer not to contact her. Keep following that instruction until a lawyer who has your full file tells you something different.

5. Ask a local lawyer whether to respond to her demand at all, and what to do if she files a small-claims case.

6. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who can ask you questions is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim from a crash is a negligence claim, and in Florida the deadline depends on the date of the accident. For accidents on or after March 24, 2023, Fla. Stat. § 95.11(5)(a) allows two years for an action founded on negligence. For accidents before that date, the former four-year period under § 95.11 applied. Which one covers you turns on when the crash happened, and other facts can change the answer. Have a Florida attorney read the dates on your file before you rely on any of this. This page does not calculate your deadline.

*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.

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Frequently Asked Questions

Does leaving a note satisfy Florida's duty after hitting a parked car?

Florida's property-damage leaving-the-scene statute, Fla. Stat. § 316.061(1), requires a driver to stop and remain at the scene until the requirements of § 316.062 are met, and it applies to a crash damaging a vehicle or other property "which is driven or attended by any person." Section 316.062(1) is the exchange duty: name, address, vehicle registration number, license on request, and reasonable aid to anyone injured. Leaving identifying information is what the duty is aimed at. Whether a particular set of facts satisfies it is a question for a lawyer, because the answer turns on details like whether anyone was with the other vehicle.

Do I have to report every minor crash to the police in Florida?

No. Fla. Stat. § 316.065(1) requires immediate notice to law enforcement when a crash results in injury to or death of any person, or damage to any vehicle or other property in an apparent amount of at least $2,000. Below that, and with no injury, the statute does not require the call, and a violation of the subsection is a noncriminal traffic infraction punishable as a nonmoving violation. Reporting to your own insurer is a different obligation that comes from your policy, not from this statute.

Can someone make me pay for a repair without proving I caused the damage?

They can ask. Asking is not the same as being owed. In a civil claim the person seeking money carries the burden of proving that the other driver caused the damage claimed — not the other way around. Repairs completed before anyone inspects both vehicles make that proof harder, because the physical comparison is gone. That does not mean a demand can safely be ignored. Whether to respond, and how, is a legal choice worth putting to a lawyer and to your own insurer.

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