r2i forum

I need some help for one of my friend.

While he was backing out his car from parking lot, he bumped in another car.

Although he offered other driver to take and provide all details about each others insurance and license, She (other driver) was kind of arrevated and didn't exchanged the information. After waiting for 30 minutes my friend left the scene.

My friend and other driver both are regular to the campus and see each other quite often driving by in day care campus. Their kids stay at same day care.

Now other driver has filed the hit and run case against him. A cop and the hubby of other driver came to his house and exchanged insuance and license details. Cop left afterwards, without providing any other information to him.
He has not received any communication/mail about the case. His insuance has provided him the case number and when He called police dept he came to know case is still opened and assigned to a Detective and may lead to arrest.

Is it a Hit and Run case? as he waited for 30 minutes before leaving the place. If so, he would like to know how this Hit and Run case can be withdrawn or close? If it can't then what are his options?

Also now other party has contacted his insurance and getting the claim for the small damage of $400.

Well to end story he is from India and other driver (she) is also from India.

-swadesh

I beleive it is better to talk to a lawyer - if the case is still open. If this is expensive, I would try to settle with the other party to withdraw the case and get a signature on the written narrative of what happenned.

I am not a legal guy, but this may help avaoid any future issues.

It becomes hit and run case. He should have provided his information to her and vice versa. Even if he did not, he should have called cops at that time and let them know that this is the problem here.

Settle with that lady amicably and he should be fine.
There is lot more for cops to take care of.

Is it in CA state ? As CA has lot of this false hit & run cases.

Any how lesson number one for anybody in this situation
"No matter who is at fault or what not always call the COPS just to be on the safe side. This is the best way for CYA and making sure you will not be in trouble"

Now as far your friend he is in luck if the Claim is below $500 amount

1) Under many state law if the damage done is under $500 amount ( minor damage ) than you are not required to report to COPS provided both drivers agree or discussed about this isssue of calling COPDS and decided not to do so. at least that's the rule in IL state based on personal experience.

2) Your friend waited their 30 minutes and talked to the other driver including offering exchanging the required information shows that in principle it's not hit & run situation. however in this situation it's becomes more difficult as in Your word Vs My word ( in this case He says Vs She says ).

So don't worry about it too much as I don't think it will stick in court as hit & run case if your friend really have to defend to it

Solution
However now that the monkey is on your friend shoulder - your friend should try best to get rid of it before it's become bigger animal. like simply offer to settle the $400 claim out of pocket not even involving the insurance company and hence not letting it go official.

also as someone said try to get something written as final resolution of what happened claerly stating where he waited 30 minutes and offered to exchange the information etc so that in future there is no further problem.
( unfortunately even other driver refused at that time by going to COPS first the burdon of proof is on your friend's shoulder now. The other party did their CYA ).

Fallback option : for whatever reason if the solution is not accpeted than don't assume the blame of hit & Run and vigorously maintain the stor ( it's true right ? ) and if required get the "Hit & Run record" out from official system.

that hit & run Record may cost your friend lot of troubles in later life and hence it's very important to do what is required to get rid of it.

Best Luck

SS

if the "other driver" refused to exchange insurance information that's her fault. It is her duty to cooperate and exchange information. Your friend should not give in and take the blame.

hiring a lawyer maybe expensive. Perhaps he could consult with a police officer (maybe not the one handling the case) and see what they have to say about this. I'm sure the police is not sympathetic towards anyone who refuses to cooperate in an accident situation.

My wife had a parking lot accident around 18months back .It was the parking lot of a swimming club . My doughter and my wife were in the car and my wife was backing up and then when she was abut to put the stick to the Drive position and then she heard a huge sound and a RAV4 on the opposite parking lot backed up in 45degree ( there were 2 to 3 parking spce were empty) and hit on the driver side fender of my VAN . The drive of the RAV4 was a Chinise woman . It was totally the other drivers fault and she admitted that . After some discussion they both exchanged the insurance info .

At that time I checked with other friends and agent and heard that in general in a parking lot accident if you call cop then they wont come unless if someone physically hurt and they will just say exchange the insurance ifno and work with the insurance company. ( In the OP's case if someone is not co-operating most probbaly they will come) . Also when I called the agent he said it is very diffcult to tell who is in the fault in a parking lot accident as both can blame on each other and most of the time the parking lot accident were resolved by 50/50 blame ( mean your insurance pays for your cliam and the other drivers insuranse pays for his/her claim) .

Anyway the other driver admitted and her insurance company paid for all the damges for my VAN around 2200 + car seat .

In OPS case as the other woman was not cooperitng you( your friend) should have called the cops. So now I think your friend should tell the whole story to the cop and settle it.

I think most of the time many Indian women/men who are not working were not sure what to do when there is a accident . In your case I am sure that lady went home and then told her husband the whole story and as they dont have your insurance info they just filed a police case.

Guys, Thanks for help. My friend contacted the other driver and agreed to settle it by paying the deductible expences incurred by other driver. After they reached agreement my friend called cops and found out cops already had concluded that
1. it was not a hit and run case.
2. No charges are left behind him (Case is closed).

This has been a learning experience whenever in an accident call COPS and exchange insurance/license info

-swadesh

Oh man! what a boring ending :emsmilep:

So didn't the cops get furious at the "other driver" for filing a false case and wasting their and your friend's time?

perhaps your friend should now go after her and sue her for this :emteeth:

swades
If your friend had called the cops first then he could have saved the deductible.

Anyway close shave as this could have been treated as hit-and-run if he approached lawyers, they would have loved to tell you that you did wrong and they will protect you.

Point learnt is to be forgotten. I always thought it was better to call the cops but if you call the cops on the spot then your friend could get a ticket. So first settle with the other party, if you can't call the cops without moving the vehicle (unless it is in the middle of the road).

OB1.