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Possable Hit And Run Charge?

whitestuccowhitestucco Registered User regular
A car was stuck at a green light and I drove around it. Unbeknownst to me, my car brushed against their car dislodging a protruding side mounted license plate bracket. I continued to my place of work 1.3 miles from the scene of the accident. The car followed me there and it was then that I found out. The driver claimed Hit And Run. A police officer arrived and indicated Hit And Run. But in the end I was given no citations and the officer didn't make out a report. Just did Drivers Exchange Cards. The officer said if he had given me a ticket, it would have been for unsafe passing. I filled out my own report at the station. Could I still expect a summons for Hit And Run, since I wasn't charged/cited by the investigating officer at the time? I don't know if the other driver's report if (any) will claim Hit And Run. The cop said he didn't file a report because the other driver and two passengers wanted to get going.

Posts

  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    Unlikely, only the officer can write you up for it. However you may be summoned as a witness and your insurance may also get a bit of a ding. There is a low possibility of being charged with leaving the seen of an accident, however I doubt it. The driver is making a dick out of himself, might be trying to get some money out of your insurance or just being a dick for the sake of it. It also looks like the police didn't have time to be fucking around with it.

    You could talk to a lawyer, they often offer free consultations, and this is a good use of that.

  • mtsmts Dr. Robot King Registered User regular
    no citation and no report mean no charge. however they may get their insurance after you,but it will likley not amount to anything

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  • CoJoeTheLawyerCoJoeTheLawyer Registered User regular
    You are venturing into legal-advice territory (in which case, everyone will scream at once "Talk to a Lawyer", which is always a good idea) but in very general terms, if the authorities didn't cite you immediately at the scene, and the officer said to you if he would have cited you, it would have been for ____________, then that means you likely will not get a citation. In most jurisdictions, a citation has to be issued either at the scene of the violation or within 10 days of the offense.

    However, I would expect that your auto insurance will get a call, and you may want to talk to them first.


    CoJoe.png
  • JaysonFourJaysonFour Classy Monster Kitteh Registered User regular
    Might want to talk to a lawyer anyways, and phone up your car insurance. This kind of guy would take a baseball bat to his bumper to try and get more money out of you- he figures the bigger of an asshole he is, the more money your insurance (or maybe you) will throw at him to make him go away.

    You should have taken pictures. I would expect to have this guy sue you in civil court and show up with pictures of his car after he had a tank roll over the back end or something like that.

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    I can has cheezburger, yes?
  • MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    JaysonFour wrote: »
    Might want to talk to a lawyer anyways, and phone up your car insurance.

    Lawyer maybe. Insurance definitely not. Nothing good will come of you calling them. If the guy decides to continue to be a goose and pursues it, the company will get a hold of you.

  • whitestuccowhitestucco Registered User regular
    You should have taken pictures. I would expect to have this guy sue you in civil court and show up with pictures of his car after he had a tank roll over the back end or something like that.

    Well since the driver called a cop to thoroughly investigate the damage while I was standing there, I suppose the driver would have to be really really stupid to do that, and I doubt anyone would fall for it. The driver's main beef was that the driver thought I knew I clipped the other car and intentionally kept driving to work. I'm not concerned about the civil aspect of vehicle damage, I'm concerned about the criminal aspect of a hit and run accusation.

    I read in an archived thread somewhere, some guy saying he received a summons for hit and run three years after it happened. But thinking on it, he was probably in hiding and the law finally caught up with him.

  • whitestuccowhitestucco Registered User regular
    Lawyer maybe. Insurance definitely not. Nothing good will come of you calling them. If the guy decides to continue to be a goose and pursues it, the company will get a hold of you.

    I got answers from about six lawyers on avvo.com and lawyers.com, both really excellent sites, and they all said to contact my insurance company and get a claims adjuster. My first inclination was the same as yours; let the other person's insurance contact them. But I'm now glad that I went through them. Yes, it might hike my rates, but the thing I was reminded of is that insurance is there for protection. The guy who took care of it was one of those older seen it all knows it all types. And it shows that I'm not trying to cover anything up or evade financial responsibility. I'm sure if I did get summoned for hit and run, that's something the judge would ask. If it was on Judge Judy, she'd ask, "did you contact your insurance company right away?" And if I said "no", I'm sure her response would be "WHY NOT?!!!!" and my goose would start to be cooked from that point forward.

    For a possible hit and run charge, being as up forward as possible with everyone connected will weigh in my favor. All of the lawyers said it was possible that I might be summoned for hit and run, but the chances were slim and not to lose sleep over it, if anyone is wondering.

    One of these days someone in my situation will bring up the archive of this thread (which is what brought me here) and that's one reason why I put this question out there.

  • whitestuccowhitestucco Registered User regular
    Lawyer maybe. Insurance definitely not. Nothing good will come of you calling them. If the guy decides to continue to be a goose and pursues it, the company will get a hold of you.

    I got answers from about six lawyers on avvo.com and lawyers.com, both really excellent sites, and they all said to contact my insurance company and get a claims adjuster. My first inclination was the same as yours; let the other person's insurance contact them. But I'm now glad that I went through them. Yes, it might hike my rates, but the thing I was reminded of is that insurance is there for protection. The guy who took care of it was one of those older seen it all knows it all types. And it shows that I'm not trying to cover anything up or evade financial responsibility. I'm sure if I did get summoned for hit and run, that's something the judge would ask. If it was on Judge Judy, she'd ask, "did you contact your insurance company right away?" And if I said "no", I'm sure her response would be "WHY NOT?!!!!" and my goose would start to be cooked from that point forward.

    For a possible hit and run charge, being as up forward as possible with everyone connected will weigh in my favor. All of the lawyers said it was possible that I might be summoned for hit and run, but the chances were slim and not to lose sleep over it, if anyone is wondering.

    One of these days someone in my situation will bring up the archive of this thread (which is what brought me here) and that's one reason why I put this question out there.

  • bowenbowen Sup? Registered User regular
    edited December 2012
    You should have taken pictures. I would expect to have this guy sue you in civil court and show up with pictures of his car after he had a tank roll over the back end or something like that.

    Well since the driver called a cop to thoroughly investigate the damage while I was standing there, I suppose the driver would have to be really really stupid to do that, and I doubt anyone would fall for it. The driver's main beef was that the driver thought I knew I clipped the other car and intentionally kept driving to work. I'm not concerned about the civil aspect of vehicle damage, I'm concerned about the criminal aspect of a hit and run accusation.

    I read in an archived thread somewhere, some guy saying he received a summons for hit and run three years after it happened. But thinking on it, he was probably in hiding and the law finally caught up with him.

    So wait... another driver chased you? Man, why did you give them anything?

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • MortiousMortious The Nightmare Begins Move to New ZealandRegistered User regular
    bowen wrote: »
    You should have taken pictures. I would expect to have this guy sue you in civil court and show up with pictures of his car after he had a tank roll over the back end or something like that.

    Well since the driver called a cop to thoroughly investigate the damage while I was standing there, I suppose the driver would have to be really really stupid to do that, and I doubt anyone would fall for it. The driver's main beef was that the driver thought I knew I clipped the other car and intentionally kept driving to work. I'm not concerned about the civil aspect of vehicle damage, I'm concerned about the criminal aspect of a hit and run accusation.

    I read in an archived thread somewhere, some guy saying he received a summons for hit and run three years after it happened. But thinking on it, he was probably in hiding and the law finally caught up with him.

    So wait... another driver chased you? Man, why did you give them anything?

    That's pretty weird. Can people even do that? Is the affected driver even involved in this?

    Move to New Zealand
    It’s not a very important country most of the time
    http://steamcommunity.com/id/mortious
  • bowenbowen Sup? Registered User regular
    There's nothing stopping them. Sounds like one of those zealot old bitties that do this out of some social wrong they feel like they need to. Cop didn't give a shit and if it's not her car I wouldn't have given shit. For all you know this lady is using it for extortion now.

    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    I really think you guys are reading something I'm missing here. He got too close as he was driving by and did damage to someone else's car. It's his error and he knows it. Why wouldn't you follow someone a mile down the street at least to make sure you have their license written down, and try to get insurance info if you could? And some states REQUIRE that you call the police for an accident where there's damage - I certainly would anyway if someone damaged my car and kept driving.

    Either I'm missing something big, or some of you are jumping to some really strange conclusions.

    And it seems like all is dying, and would leave the world to mourn
  • mtsmts Dr. Robot King Registered User regular
    You are missing the fact that it wasn't the person who got hit that followed him, it was someone uninvolved. Plus the cop didn't cite him or make a report because the people involved didn't want to deal with it.

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  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    Yeah, I think you are misreading. I think he means the driver in the other car. There is no indication anywhere that a third party was involved outside of the police.

    And it seems like all is dying, and would leave the world to mourn
  • whitestuccowhitestucco Registered User regular
    bowen wrote: »
    You should have taken pictures. I would expect to have this guy sue you in civil court and show up with pictures of his car after he had a tank roll over the back end or something like that.

    Well since the driver called a cop to thoroughly investigate the damage while I was standing there, I suppose the driver would have to be really really stupid to do that, and I doubt anyone would fall for it. The driver's main beef was that the driver thought I knew I clipped the other car and intentionally kept driving to work. I'm not concerned about the civil aspect of vehicle damage, I'm concerned about the criminal aspect of a hit and run accusation.

    I read in an archived thread somewhere, some guy saying he received a summons for hit and run three years after it happened. But thinking on it, he was probably in hiding and the law finally caught up with him.

    So wait... another driver chased you? Man, why did you give them anything?

    You wouldn't follow after someone who clipped you and kept going? My complaint was the driver didn't do any horn honking and highbeam flashing, to prompt me to pull over, which I would have done. I got clipped once and chased after the who kept going. He like me didn't realize what happened.

  • whitestuccowhitestucco Registered User regular
    mts wrote: »
    You are missing the fact that it wasn't the person who got hit that followed him, it was someone uninvolved. Plus the cop didn't cite him or make a report because the people involved didn't want to deal with it.

    The person I clipped is the one who followed me. I do find it kinda strange that it went from the cop acting all drill sergeant and saying he was going to throw the book at me, to later becoming amicable and saying no tickets. My guess is the driver told him to cut me a break. Maybe because it's Christmas time. Or maybe the cop believed me and was putting on a show to keep the driver happy until the person left.

  • ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator Mod Emeritus
    edited December 2012
    It may well be that when the other guy realized you weren't actually trying to run away from something he figured 'eh I don't have time anyway' and was content to exchange insurance info. My guess is that you should find out if there's a statute of limitations on that sort of thing in case he changes his mind, but if there's already a report and damage is minimal I REALLY doubt the guy is going to come back after you to press criminal charges. It's just not worth the time for something so minor.

    If you did the lawyer-asking and took the advice given, you're probably good.

    ceres on
    And it seems like all is dying, and would leave the world to mourn
  • whitestuccowhitestucco Registered User regular
    ceres wrote: »
    It may well be that when the other guy realized you weren't actually trying to run away from something he figured 'eh I don't have time anyway' and was content to exchange insurance info. My guess is that you should find out if there's a statute of limitations on that sort of thing in case he changes his mind, but if there's already a report and damage is minimal I REALLY doubt the guy is going to come back after you to press criminal charges. It's just not worth the time for something so minor.

    If you did the lawyer-asking and took the advice given, you're probably good.

    All the lawyers who responded said it's possible that it could come back to bite me, but the chances are slim. Most statues for a misdemeanor run 7 years. But that usually means if you were never dealt with by the law and they finally caught up with you. One guy said in a forum that he got summoned after three years. But my guess it that he never talked to a cop, or made out a police report, or filed a claim with his insurance like I did.


  • Jam WarriorJam Warrior Registered User regular
    If the cop wasn't interested and the other driver is suitably appeased by you getting him suitably compensated as swiftly as the insurance system will allow, then I think you can put the worry behind you.

    When the cop first arrived he was responding to a Hit and Run call and knew no further details. When the other driver first got there he was (quite understandably) angry at the situation. My guess is that as things calmed down it quickly became apparent to both the cop and the other driver that you were genuinely unaware of the damage rather and were happy to follow the system to get things sorted.

    You've done the right things and made your reports to the relevant authorities so I think it's time to just move on.

    MhCw7nZ.gif
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