OHIO, so I'm driving late at night on saturday and begin to fall asleep. I wake up to my truck colliding with a tree, nothing serious but it happened. So nobody is around and i decide to go to the UDF nearby to make a phone call to my fiance for a ride and then to call the cops. Well by the time she came and got me we drove back over to where i wrecked my truck and it was gone. So, the following morning we finally track down where the truck was and call the impound lot. They tell me that it has been placed in hit and skip and they are only open Monday through Friday. Well that sucks but there isn't anything I can do about it. My main question is what is going to happened when I arrive there Monday, also when I called the police station they never told me to come fill out a report?
As I was saying when i called i ask the officer for my ticket number, which is needed to get my truck out of impound. He replied "ticket number? How about an accident number." So that was like a deep breath of relief. I called the Hit and Skip department, they only operate monday through Friday. So after that I went ahead and called my insurance company, which the officer also told me to do. They said the same thing, that I will be covered for any tree damages but the wreck was 100% my fault so I'm on my own with the truck part. Could i not be getting a ticket because the accident occurred on private property ( it was by an empty lot) and not city property? I just want to make sure that I am not going to get sidelined with something that i do not know how to handle Monday when I attempt to get my truck back. Also can i just go get it by myself since I'm just going to have it towed to a garage? Thanks for your help.
Lawsuit / Dispute Attorney
Hit and skip laws all over are being taken very seriously and that is rightfully so. While the rules in OH where this happened are likely very specific ( I do not practice in OH), as a general matter, leaving the scene after an accident is - at a minimum - frowned upon and is not a good practice. After the fact advise is like Monday morning quarterbacking, but I observe that in this instance your first phone call should have been to the police reporting the location of the truck, describing what happened and that to your knowledge there were no witnesses nor anyone hurt etc....
That said, you should again call the police station (your post does not say when or any details about what you said when you phoned the police the first time) to make a report. Hopefully things are as you said and the only thing that needs repair is your truck and of course you will be responsible for any cost associated to the tree that you hit should that come up.
By the way, if you have not already, contact your insurer for the truck. The insurer will want to take a statement from you. That you fell asleep at the wheel means you were not acting reasonably (i.e. negligently) at the time that your truck hit the tree. Putting your insurer on notice is a good practice should that tree damage situation arise by the tree owner.
You will likely be responsible for the tow and for the storage of the wrecked car over the weekend.
Good luck to you.
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Criminal Defense Attorney
Police officers have a fair amount of discretion when issuing a citation or summons. It does not sound as though the police intend to charge you. Consider yourself lucky. Just have the tow truck meet you at the impound.
This answer is made available by the lawyer for educational purposes only. It is also to give you general information and a general understanding of the law. This website is not intended to give you specific legal advice. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance.