What is the penalty for leaving the scene of a car accident?
Question Details:
My friend skimmed her car against the edge of a wall in her previous building and hysterically left the scene of the accident. She said she didn't see a damage to the wall then 3 weeks later she learned from her old neighbor that there was a report of a car that matches hers fleeing the scene. Nobody called her about that. What is the best solution for her? She couldn't report it and it has been a month and I don't know what to tell her?
If this matter is reported to the police, she could be charged with a misdemeanor hit and run (it would have been a felony if someone was injured in the process). Also if it is found that she caused the damage intentionally, she could be charged with the crime of vandalism but that is unlikely. The best course of action for her is to contact the owner/manager in writing with certified mail describing the incident and inquiring whether there is any damage and if so offering to pay for it. If the damage is more than her deductible, she my even want to report it to her insurance. She or someone on her behalf should also go to the area and photograph the damage. If she does get charged with a crime, this letter may help her in getting the case dropped. Another option would be to get a signed civil compromise from the owner which is basically a document saying, "we've been paid for the damage and do not with to prosecute". I still think she can also go to the police department saying, I scraped my car, didn't see any damage but have since learned that there may be some damage. That's another preemptive action which may help her if she does get charged. If no charges are ever filed, the owner could still sue her in small claims court if there is any damage. I'll be happy to answer any more questions that you may have. Joseph Farzam farzam@lawyer.com
I have a slightly different take. I am a personal injury lawyer and handle civil cases not criminal cases. However, over the years I have learned that you do not admit to a crime before consulting with a criminal lawyer to get advice. There may not be a benefit to sending a letter to the property owner admitting to the "act". If your friend is charged with a crime, the letter proves the case against her - it removes any issue of reasonable doubt. I suggest discussing this case with a criminal lawyer before writing the letter. A ciminal lawyer can also tell you how the police, in your area, are dealing with these type of hit and run cases.
Good luck. Robert
