Accused of Hit-and-Run After Reporting an Accident the Next Day

[ASO1090909]

I am turning left and was hit by someone turning right after completing my turn (since I'm turning left am I still most likely at fault?). Anyway, she bumps the rear passenger side of my car at low speed so I thought the damage wouldn't be too bad. This happened at a busy intersection during morning rush hour and I didn't see if she stopped after the collision (I learned that she did). The damage to my car wasn't too bad, ($1,000) and the damage to her car was even less.

There were no injuries in the accident. I am 18 years old and this is my first accident or offense of any kind. When I got to school the next day I was called down to the office to make a statement and the school resource officer informed me that she filed a police report. He said I committed a Class B Misdemeanor and could be arrested for it, but he wasn't going to fill out a warrant. My family and I called her that afternoon and exchanged insurance information and I gave another statement.

She said she filed a police report for the sake of insurance, and had no intention of an investigation. Yesterday (five days after the accident) I got a letter from the police saying I needed to schedule an appointment to visit the station for questioning, and failure to do so would result in a warrant for my arrest. Needless to say, I complied and have an appointment scheduled. My question is, what can I expect to happen?

I completely terrified and haven't been able to do anything because I'm so worried. I read that a class b misdemeanor is punishable by up to 180 days in prison. My parents told me that wouldn't happen and that this would be settled between insurance companies. However, the letter changed everything. Will this go to court? What sort of punishment can I expect? Do I need a lawyer? Thanks for any advice

[comment/ator]

Get an attorney. Talk to them about all this.

[Jim Kozlovich]

From your description it's not clear as to who was at fault. Your problem however, is that you left the scene of the accident. It is difficult to give you any accurate information without knowing what state you are in. Because laws vary from state to state here is a good article from FindLaw titled Laws regarding leaving the scene of an accident/hit and run.

As difficult as it might be to accept at your age, your parents are right, you won't spend any time in jail. More than likely the insurance companies will work it out and at the most you will be cited for leaving the scene of an accident and have to pay a fine.

As far as your appointment with the police; show up. At this point you don't know what they want, but if they start asking questions about the accident politely tell them you don't want to answer their questions until you consult an attorney. That will stop the questioning right there.

If you want more accurate advice you need to provide the state you are in (Texas?).

[PTPD22]

You ignored the part about providing the state you are in. So, I cannot give you a specific legal statute. But, bottom line, you were involved in a vehicle collision and then fled the scene. It makes no difference who was “at fault” for the collision or what dollar amount of damage resulted. You committed the crime of hit & run when you failed to stop and exchange information with the other driver.

Yes, you can be charged with a crime having fairly significant penalties. Yes, there is a real likelihood that it will prosecuted in court. Yes, you would be well advised to consult an attorney.

[adjusterjack]

Do I need a lawyer?

Yes.

Watch this video.

https://www.youtube.com/watch?v=i8z7NC5sgik

Then get a lawyer.

Do not talk to the cops or anybody else about this. Anybody you talk to can be called as a witness against you.

You are in deep trouble. Take it seriously.

[ASO1090909]

I am in Indiana. The other woman involved in the accident said she had no intention of pressing charges and my parents are determined I don't need an attorney. The letter says "failure to schedule an appointment will result in a warrant for you arrest" what should I do instead?

[adjusterjack]

I am in Indiana. The other woman involved in the accident said she had no intention of pressing charges

People don't "press charges" they report crimes. Then it's up to the authorities to investigate and prosecute. She filed a police report. Whether you are prosecuted or not is out of her hands.

my parents are determined I don't need an attorney.

Have your parents watch the video.

You are 18, an adult, your parents aren't going to be the ones charged, you are.

Hit and run in Indiana is a Class C misdemeanor punishable by a fine and/or jail and gives you a CRIMINAL RECORD that will follow you around for the rest of your life and give you all sorts of problems, not the least of which will involve high insurance rates for some years to come.

The letter says "failure to schedule an appointment will result in a warrant for you arrest" what should I do instead?

Hire yourself a lawyer to make the appointment for you and let the lawyer do all the talking. If he's smart he will tell you to keep your mouth shut while he is sitting there with you because anything he says cannot be used against you, anything you say can and will be used against you.

[Jim Kozlovich]

Hit and run in Indiana is a Class C misdemeanor...

I disagree.
IC 9-26-1-1.1(a) states:

(a)The operator of a motor vehicle involved in an accident shall do the following:

(1) Except as provided in section 1.2 of this chapter, the operator shall immediately stop the operator's motor vehicle:

(A) at the scene of the accident; or
(B) as close to the accident as possible; in a manner that does not obstruct traffic more than is necessary.

(2) Remain at the scene of the accident until the operator does the following:

(A) Gives the operator's name and address and the registration number of the motor vehicle the operator was driving to any person involved in the accident.
(B) Exhibits the operator's driver's license to any person involved in the accident or occupant of or any person attending to any vehicle involved in the accident.

IC 9-26-1-1.1 (b) states "An operator of a motor vehicle who knowingly or intentionally fails to comply with subsection (a) commits leaving the scene of an accident, a Class B misdemeanor."