What constitutes a hit and run?

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What constitutes a hit and run?

I parked my motorcycle in painted metered space at least 3 ft behind an SUV. It was knocked over when she backed up. It was at night. We were in the same space. She didn’t give info but she and her friend didn’t think there was damage. But there is some. Filed a report. Is she liable for damages?

Asked on August 19, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, the criminal offense of a "hit and run" occurs when a person driving s motor vehicle damages personal property, injures a person or both and does not stop to render assistance and provide information. Rather, the incident happens and the driver of the motor vehicle speeds off.

From what you have written, the conduct of the driver of the sports utility vehicle does not seem to have amounted to a "hit and run" under California's criminal statute. However, if there was damage to your motorcycle caused by the driver, the driver of the automobile would be liable for all damages caused to your motorcycle and its costs of repairs.

You should report the damage to your insurance carrier for the motorcycle assuming you have insurance placed.

Good luck.


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