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Wrongly Accused of Parking Lot Hit and Run and Property Damage

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  • 10-18-2007, 11:43 AM
    huntax
    Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage
    Quote:

    Quoting chuckycheese
    View Post
    I'd suggest you consult an attorney as hit and run is quite serious. If you are truly certain you didn't damage anyone's car, you'd have to suspect that you might have been 'set up' as a result of being at the mall.

    Under that scenario, someone could have sustained damage to their car earlier and then had a friend report that your car caused the damage. It seems really unlikely, but possible. It might be interesting to find out who got hit...and who did the reporting. Let us know how it turns out.


    Hi chuckycheese. I also understand that a hit and run is serious and have consulted a attorney. He has told me that I won't have to go to court that day and it will be dealt with.

    I know that I did not hit any vehicles that day and I would love to know why I was still sent a violation ticket for something I did not commit. But I will tell you all what happens within the next two weeks. My attorney told me he will get me the information\evidence from the officer and explain why I was convicted.

    But in the mean time, any comments\suggestions\perspectives would be greatly appreciated guys:)
  • 10-18-2007, 11:45 AM
    huntax
    Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage
    Oh and in case you guys are wondering, my attorney told me that if worst come to worst, my insurace would just go up...a lot.
  • 10-18-2007, 11:54 AM
    cdwjava
    Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage
    What state did this happen in?

    In CA there has to be some damage or injury for it to be hit and run per CVC 20002.

    And to explain, the citation to appear in court was simply because the officer felt there was sufficient probable cause to believe that you had committed the offense in question.

    Apparently there was a vehicle that had sustained damage ... a witness identified your car as being the vehicle that struck and damaged the other car ... and you admitted to being there that day.

    However, hit-and-run also generally requires that you have knowledge of the collision. In my state that would usually require that the witness testify that you looked back, got out, or somehow gave an indication that you knew you struck the vehicle.

    Chances are, even if the state chooses not to pursue it, this may end up being a claim against your insurance for any damage and that will be about it.

    - Carl
  • 10-19-2007, 09:33 AM
    huntax
    Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage
    Quote:

    Quoting cdwjava
    View Post
    What state did this happen in?

    In CA there has to be some damage or injury for it to be hit and run per CVC 20002.

    And to explain, the citation to appear in court was simply because the officer felt there was sufficient probable cause to believe that you had committed the offense in question.

    Apparently there was a vehicle that had sustained damage ... a witness identified your car as being the vehicle that struck and damaged the other car ... and you admitted to being there that day.

    However, hit-and-run also generally requires that you have knowledge of the collision. In my state that would usually require that the witness testify that you looked back, got out, or somehow gave an indication that you knew you struck the vehicle.

    Chances are, even if the state chooses not to pursue it, this may end up being a claim against your insurance for any damage and that will be about it.

    - Carl


    Hi cdwjava thank you for your interest too! I actually live in Calgary, AB Canada.

    I really don't know what else to do now except to wait and see.:(
  • 12-29-2007, 01:53 PM
    Zigon
    Re: Wrongly Accused of Parking Lot Hit and Run and Property Damage
    how did this turn out? I'm in the exact same situation more or less
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