What are the consequences for a hit and run while some one was parked and it was just a small scratch? how far can the DA plus a personal lawsuit go?

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What are the consequences for a hit and run while some one was parked and it was just a small scratch? how far can the DA plus a personal lawsuit go?

A couple days ago a lady came with a couple policemen to my working place and inspected my car from the outside for a little bit and then left. Soon after she called my office asking for me with my full name and said that on September of last year I hit her car while she was parked and then ran off. I know I had not done this so I called my little brother (teenager) and asked if he had done it and he admitted it, he said he was scared and that’s why he ran off. Now the lady says that her expenses for fixing the car at the moment are about $3000. I want to get her car fixed through my insurance

Asked on June 11, 2009 under Accident Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would not advise you to admit to liability at this point.  Evading responsibility, where one inflicts injury to a person or property and then fails to stop and identify one's self, is a criminal offense, and any statements that you or your younger brother provide, even just with respect to the property damage claim, may be used by the police/prosecution to incriminate one or both of you.  Since this alleged incident occurred approximately 9 months ago, it is possible that valid defenses exist with respect to both civil and/or criminal liability -- for example, how can anyone prove that your younger brother hit the car?  Are there any independent witnesses, etc.  I suggest that you consult with and/or retain an attorney with respect this matter in the interest of reducing both you and your brother's potential civil and criminal liability.


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