Falsely Accused Running Into the Back of a Truck

My question involves an accident that occurred in the state of: Los Angeles, California

I am visiting the state of California from Ohio for an audition. My friend drove my car across the country so we could both make a road trip out of this opportunity. A week and a half ago when my car was parked in a less than pleasant ally with no cameras, I was outside with my friend when we witnessed a white truck back into the front of my car trying to leave. The guy in the truck got out, we both took pictures of the minor damage done to the front of my car and the back of his truck. He said he had insurance, him and I exchanged information, and we mutually agreed to not go through the police or our insurance. I was okay with this decision, because I currently do not have insurance due to suspension (hence why I have had other people drive my car here and driving me back to Ohio).
I thought I was doing him a favor by not raising his insurance rate and I allowed him to just send me money the following FRIDAY. I knew he was never going to get back to me, and it would pass. I was honestly okay with this because the damage was so minor and I already had a bump on the front of my car. We both parted on good terms.

I get a phone call yesterday from a deputy in Los Angeles who called me from a MOBIL gas station phone number and left a message of the office he is from and his name stating, "Yeah I got a guy here who says, I guess, you hit the back of his truck on the highway and agreed to pay him FRIDAY and you just never showed up to his house with the money. So get back to me or him soon before I have to write up a report on you for a hit and run."

Welcome to L.A. right? I am infuriated this guy is trying to get money out of me. I absolutely did not hit his car on a highway, how can this cop even think it was a Hit and Run if the other guy has my information because we clearly exchanged information. Based on the officers message, there is no report filed yet. I am returning to Ohio in the next couple days, the friend who witnessed it is staying in L.A. and I would prefer this case to be suggested to Civil Court, where he would have to sue me. I know he will lose considering I have a witness and I think he would have to come to Ohio to sue me? Do I have to handle this cop first even if no report was filed? What happens if I call the officer back, explain what REALLY happened, but I'm back home in a different state where he can't come and see the vehicle? Once hearing my side of the story over the phone, would the officer likely suggest to both parties to handle it privately? Should I call the officer back before I leave so he can look at my car in person where I can explain what happened or ignore the situation until the officer goes through with filing a report and the guy has to take me to court? Sorry for all the questions, my first time being in this situation and I don't want to look like I'm running from a violation. Thank you.

I would call the police station the officer claimed to be from and see if there really is an officer of that name and whether he called you. It sounds a bit less than true.

If it is true it is likely the cop will accept the other guys story as he doesn't have your side at all. Why would he not believe the other guy at that point.

As to suing you;

he can sue you in california small claims but he would have to serve you within the state of California. He could sue in a superior court of California because the accident too place in California.


if there was over $1000 TOTAL damage you are required to file an SR1 with the California DMV within 10 days of the accident. Failure can result in having your driving privileges (in California suspended) I haven't checked to see if Ohio would also suspend your driving privileges as well.

You fulfilled your promise under the law. It is not a violation of VC 20002 to not meet and pay for the damage. Provided you both complied with the law, you're good. He can sue you for the damage, but there appears to be no crime.

And, deputies rarely handle traffic matters so if he really was an officer, I doubt he knows the elements of VC 20002 and I suspect that any call he made would have been a bluff.

You might want to consider giving the info to your insurance company and let them handle any claim.

20002.
(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver’s license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver’s license information, if available, or other valid identification to the other involved parties.

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Quoting whatsgoingon

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I get a phone call yesterday from a deputy in Los Angeles who called me from a MOBIL gas station phone number and left a message...

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This definitely sounds like a scam. I would call the agency he said he was from and report this. You should have a copy of his license plate if you took pictures and the message on your cell phone will give you the date and time of the call. Most gas stations have video surveillance cameras which may show who actually made the call. This might seem like a minor problem that law enforcement doesn't want to get involved with, and maybe they won't, but they may be more inclined to investigate this because it involves the impersonation of a police officer.

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Quoting jk

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he can sue you in california small claims but he would have to serve you within the state of California.

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In this case your statement is not true. Service must be made within California, with these exceptions (CCP §116.340(e)):

If a nonresident owner or operator of a motor vehicle is involved in an accident within California: The owner or operator may be served outside California under Veh C §§17450–17461, without regard to whether the defendant was a nonresident at the time of the accident or when the claim was filed. “Service” means serving both the director of the California Department of Motor Vehicles and the defendant and may be made by any of the methods described above (see §§2.08 et seq) or by registered mail as authorized by Veh C §§17454 and 17455. CCP §116.340(g).

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Quoting whatsgoingon

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I currently do not have insurance due to suspension (hence why I have had other people drive my car here and driving me back to Ohio).

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I get why you would have other people drive your car for you, if your license was suspended. I don't get why you would do so without valid insurance.

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Quoting farazs

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I don't get why you would do so without valid insurance.

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It could be that the driver had their own insurance.

Upon explaining to police my side of the story, it will obviously conflict with the other guy's side of the story. Does he write a ticket/citation to the other guy for hitting my parked car or does he not know who to believe and do nothing and suggest it be taken to Civil Court? Thanks for all of your responses.

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Quoting whatsgoingon

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Upon explaining to police my side of the story, it will obviously conflict with the other guy's side of the story. Does he write a ticket/citation to the other guy for hitting my parked car or does he not know who to believe and do nothing and suggest it be taken to Civil Court? Thanks for all of your responses.

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The officer will try to determine which version of the story he finds to be more credible, and act accordingly. Beyond that, you'll have to wait and see what happens.

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Quoting whatsgoingon

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Upon explaining to police my side of the story, it will obviously conflict with the other guy's side of the story. Does he write a ticket/citation to the other guy for hitting my parked car or does he not know who to believe and do nothing and suggest it be taken to Civil Court? Thanks for all of your responses.

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Law enforcement is not required to take a collision report for a non-injury collision. So, I seriously doubt any collision report or cite were written. It is possible that a hit-and-run report was taken, but it would seem pretty clear that VC 20002 was not violated, so that shouldn't be something to be too concerned with.

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Quoting whatsgoingon

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I currently do not have insurance due to suspension (hence why I have had other people drive my car here and driving me back to Ohio).

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So do you tell the "other people" that they are driving an uninsured car?

You're deliberately placing them at risk by allowing your car to be operated by ANYONE without insurance.

A month later, the guy never filed a police report, but I am now getting many phone calls from his insurance company who are leaving voicemails regarding the accident. Where does this leave me now? Having to call them back and explain I wasn't at fault and I'm not paying them anything? Further, when they call the guy back that hit my parked car, what would they likely tell him to do? That they can't help him and to sue me for the full amount or partial amount in court? I'm just looking for an answer that clarifies what I'm about to go through. Thanks guys.

If you do not address it, they might choose to sue you. We canot predict what WILL happen. If he made a claim to his insurance company, it is possible they will come after you in court. Or ... maybe not. We can't possibly say.