What is considered a hit and run?

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What is considered a hit and run?

What happens if both the bicyclist and driver of the car get into a very minor collision in which the bicyclist does not fall off the bicycle nor even gestures for the driver to pull over, but instead continues to pedal away?

Asked on September 28, 2011 under Accident Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is funny that terms you use all the time and "know" the definition intuitively you can not at times pin down.  But here the "legal" definition:  "the crime of a driver of a vehicle who is involved in a collision with another vehicle, property or human being, who knowingly fails to stop to give his/her name, license number, and other information as required by statute to the injured party, a witness, or law enforcement officers."  The action of leaving is generally imputed to the driver of the motor vehicle, as he or she is the one with insurance, etc.  But here you ask as the driver of the vehicle hit by the bicyclist it seems.  It does not appear that you have had the type of collision that the statute in your state may cover.  But if you feel uncomfortable I would consider reporting the contact to the police and your insurance company so that later on a claim can not be denied for late notice.  Good luck. 


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