[Legal issue] Hit and run fraud

Hello All,

     'looking for some advice.  An older close family friend had been accused of a hit-n-run at a parking lot.  The police had sent them a letter that they have an independent witness, picture of their car at the scene (but not the actual act) and filed complaint.  However, the friend was definitely NOT at fault, although she was at the same complex around the time and had a friend that can testify to her innocent (albeit an older lady, who I am not sure can withstand a witness shakedown). 

     So, the question is, what should be done next?  One of their kid had gone to the police to ask for details, but the police had not been helpful and made any supporting docs available.  The police even told him to get the insurance folks to deal with it.  Worst, the police said that if he keeps going on insisting for discovery, the police will have to write her up a ticket with possibility of losing at the court (therefore having a criminal record for hit and run).

     The main concerns are 1) The insurance will settle and took the rate way high and 2) how to avoid this in the future as the area is her usual local grocery store .  At this point, the only thing they have is the letter from the police, no other docs/evidence.

     What do you all think?
   

Hello All,

     'looking for some advice.  An older close family friend had been accused of a hit-n-run at a parking lot.  The police had sent them a letter that they have an independent witness, picture of their car at the scene (but not the actual act) and filed complaint.  However, the friend was definitely NOT at fault, although she was at the same complex around the time and had a friend that can testify to her innocent (albeit an older lady, who I am not sure can withstand a witness shakedown). 

     So, the question is, what should be done next?  One of their kid had gone to the police to ask for details, but the police had not been helpful and made any supporting docs available.  The police even told him to get the insurance folks to deal with it.  Worst, the police said that if he keeps going on insisting for discovery, the police will have to write her up a ticket with possibility of losing at the court (therefore having a criminal record for hit and run).

     The main concerns are 1) The insurance will settle and took the rate way high and 2) how to avoid this in the future as the area is her usual local grocery store .  At this point, the only thing they have is the letter from the police, no other docs/evidence.

     What do you all think?
   

Figure out exactly where the car was hit and also check your car for any dents that could be easily identified as a mark of guilt lol.  Even if they didn't hit the car any suspicious dents in the same area will not help their case.   Also get your own copy of any evidence that they have.  Lastly if you have no dent and their car doesn't have your paint on it there is nothing they can do.  A single witness isn't credible especially if you can get their information and prove that they know each other you could potentially get them for fraud and win  nice hefty lawsuit against both the accuser and the so called witness.

The alleged hit-and-run driver ("A") is a "party" to the incident, since they are listed as the perpetrator.  As such, A is entitled to get a copy of the incident report.  So request a copy of the incident report, which will list the "independent witness" and their contact info.  Call the witness to confirm what the witness actually witnessed.

I am surprised that there is even an incident report, since the police will just tell you to work it out with the insurance company- especially since it is a parking lot incident and there are no injuries involved. 

Alternatively, call your insurance company, as they will have requested the incident report.  Once your insurance company gets a hold of the report, you can obtain a copy from them.  Be adamant and tell your insurance company that you were not at fault, not there, etc... whatever the case may be.

Also, your insurance company will have sent out an appraiser to inspect your vehicle.  They will take photos and check to see if the damage on the other vehicle matches up with your vehicle (impact points).  Hope this helps.

If the other party is lying, and they continue to lie, and IF your insurance company agrees with the other side, you can demand that the insurance companies go to arbitration on the liability determination. This is a lengthy process, but it may come to that.  Hopefully not.

Hamachijohn

Thank you both.  Not quite sure if the incident report existed, but the other party did file a police report and the police, in turn, sent out a letter to the family.  My general thoughts are the same.  However, they are worry that they will lose and there will be a criminal record for their older mom. 

Wow, free advice from a lawyer. Only in ncka 

Dude, if they haven't done it, why should they worry. One time my car got hit-and-run. I begged the police to come take a report and they ignored me. I doubt the policy had any useful evidence if any.

Wow, free advice from a lawyer. Only in ncka 

Dude, if they haven't done it, why should they worry. One time my car got hit-and-run. I begged the police to come take a report and they ignored me. I doubt the policy had any useful evidence if any.

  very grateful indeed



 

Each police department is different in the way they handle these things.  Larger departments tend to do much less than smaller departments due to the fact they are crushed with H&R reports.  Your description leads me to believe that the Police department handling the investigation, is mainly interested in resolving the issue without a criminal report.  If that is the case, then not responding to them will actually force the officer to write up the accident as a H&R and possibly forward it to the DA for complaint if they have enough evidence.  In all likelihood, if your mother responds, they will include her information and send the case off to the insurance companies to battle it out.  With H&R investigations, the officer needs to prove not only that your mother's vehicle was involved, but that she was driving at the time of the accident AND she was aware she struck another vehicle.  That is often difficult to prove, especially if a driver is elderly and minimal damage was caused.

With that being said, I recommend your mother contacts the officer and provides a written statement and photos of her undamaged vehicle.  She should also contact her insurance company for advice as well.  The important thing here is, if she loses the dispute with the insurance company, she only has upped premiums and and acccident on her record to worry about.  If she doesn't contact the police and she loses, then she has a misdemeanor conviction for H&R. 

I've handled dozens, hell probably hundreds of these types of accidents over the years.  Most all of them were handled without criminal charges.  The ones that I sent to the DA were accidents were the suspect dodged my calls and didn't respond, or were total assholes.  Granted, every department handles things differently.. but I recommend she contact the officer immediately.  Good luck!

Each police department is different in the way they handle these things.  Larger departments tend to do much less than smaller departments due to the fact they are crushed with H&R reports.  Your description leads me to believe that the Police department handling the investigation, is mainly interested in resolving the issue without a criminal report.  If that is the case, then not responding to them will actually force the officer to write up the accident as a H&R and possibly forward it to the DA for complaint if they have enough evidence.  In all likelihood, if your mother responds, they will include her information and send the case off to the insurance companies to battle it out.  With H&R investigations, the officer needs to prove not only that your mother's vehicle was involved, but that she was driving at the time of the accident AND she was aware she struck another vehicle.  That is often difficult to prove, especially if a driver is elderly and minimal damage was caused.

With that being said, I recommend your mother contacts the officer and provides a written statement and photos of her undamaged vehicle.  She should also contact her insurance company for advice as well.  The important thing here is, if she loses the dispute with the insurance company, she only has upped premiums and and acccident on her record to worry about.  If she doesn't contact the police and she loses, then she has a misdemeanor conviction for H&R. 

I've handled dozens, hell probably hundreds of these types of accidents over the years.  Most all of them were handled without criminal charges.  The ones that I sent to the DA were accidents were the suspect dodged my calls and didn't respond, or were total assholes.  Granted, every department handles things differently.. but I recommend she contact the officer immediately.  Good luck!

Yes all of this. 

Thank you both.  Not quite sure if the incident report existed, but the other party did file a police report and the police, in turn, sent out a letter to the family.  My general thoughts are the same.  However, they are worry that they will lose and there will be a criminal record for their older mom.

Unless the police report is sent to the DA's office, and investigated by the DA's Investigations Unit, there will be no criminal charges filed.  The mom has the right to fill out a supplemental report, and clearly tell her side of the story, and get it into the incident report.  Some police departments are lazy about supplemental reports, because it sometimes involves contacting the original officer filling out the report.  However, I recommend that she file a supplemental report, and deny everything.  That should end it there.  Also, with a supplemental report, her insurance will have on record that she denied the incident, which gives insurance company some assurance when they deny the other person's claims.  Best wishes,

Hamachi

Wow, free advice from a lawyer. Only in ncka 

Always happy to help out a brother... or a brother's neighbor.... send me a PM the next time you go fishing.  You still have your impressive fleet?  I am down to 1 Revo...

Thank you all for the advice.  I've relayed the info and they're going to chew on it for the next step.  Thanks again, only in NCKA indeed!

Just a quick follow up on this.  They submitted a letter that deny all charges and stated all the facts.  At the same time, they provided insurance info to the police as requested by the PD as well as asking the PD to include the letter as part of the case.  The insurance company was notified as well and given a copy of the letter.  Basically the insurance company said they will handle it with a not guilty stance.  Never heard from the other side again.  It appeared the case is closed.

Thank you all for your advice, you guys rock!

Perfect!