Hit and Run - No Charges (I Think)?

Question

I was accused by a man of having hit his vehicle in a parking lot, I did not think I had done so and he was scaring me so I left w/o giving him info. He later filed a police report and claim w. my insurance, I'm cooperating w. the insurance investigation, and I called the police the next day (shouldn't have waited, I know, but I was pretty shaken up from being yelled at by scary weird guy) - the dispatcher told me the police did get to the scene at some point (I was there for maybe 30-40 minutes after the alleged incident so not in that time frame) and took a report but would not be pursuing it. I offered to cooperate should there be an investigation, but she didn't take any details (other than the police report #), just told me to forget it. Still I'm worried the guy may decide to file charges against me later - can/will the police re-open accident investigation? How will it affect things if my insurance does/does not find me liable? How long will this be hanging over my head?

Answer 1

No, your insurnace settling does not effect criminal case.

If you went to civil trial, then being found guilty in civil could effect a criminal procdeing some.

the police can re-open if additional evidence to prove you did it.

If they have not come to your home wth a warrant to look at your car for damage, then it is not gong to happen

Answer 2

In California, you cannot leave the scene of a non-injury accident or you could be charged with a misdemeanor. (Leaving the scene of an injury accident is a felony.) In California, you could get up to 6 months in jail (but not prison). You can leave the scene after giving your information and making sure everyone is all right. However, you do have a defense. If you were afraid of being injured because the guy was going to hurt you, you can leave and then call the police from a secure location. You waited a day, which shows that you weren't just leaving the scene to avoid being responsible. Calling the cops immediately after reaching a safe location would have been better, but I don't think a day was totally unreasonable. You also waited on scene for 30 to 40 minutes which shows that you were trying to be responsible, but something made you leave. Presumably, the guy got your license in 30 to 40 minutes.

Technically, the district attorney could bring this as a misdemeanor charge. But they would only do so if they didn't believe your story. I only know what you've told me, but if what you told me is accurate, I would bring this to trial. Members of the jury have all been in accidents. What if they were caught up with a crazy driver that was scaring them? It's a very real world situation for a juror. It could happen to them. Getting caught with drugs in their car or in someone else's house during a burglary would not be something that an average juror would believe could happen to them. But your facts happen to a lot of us. It's an example of road rage that we've all heard in the news lately. A decent attorney could easily scare the jury into an acquittal. But trial is always a risk. It's not about what really happened but what the jury feels about the situation and the witnesses. That's why we always dress up the defendants. I hate a defendant with a tatoo on his forehead, because the jury is just going to assume he is guilty without hearing much of the evidence.

A misdemeanor in California must be filed within 1 year from the date it occurred (or was discovered in some cases, but this was the same day for your purposes).

I cannot speak for other states.

Answer 3

You can be charged with a crime and the level will be based on the amount of damage the car received.

Get a lawyer if you are charged.

Answer 4

I think he has the burden of proof--he has to prove you did it. If you didn't hit his car, don't worry about it.