Someone hit me and is now suing me. What can I do?

Asked almost 2 years ago - Miami, FL

I was hit by another driver, and he failed to pull over. I followed him to the next light, where he again refused to pull over. I cut him off hoping to get him to stop but he just passed me and kept going, taking my tag in the process. Since I didn't get any of his information, I went straight home. Well, he called the cops and filed a hit-and-run report, and now I'm getting charged with fleeing the scene, along with careless driving/damage to property. What are my options? Car damage is on the side of my car, indicating he hit me, and I only left the scene trying to get him to pull over and call the cops.

Attorney answers (3)

  1. David J. McCormick

    Contributor Level 20

    9

    Lawyers agree

    Answered . First of all you need to report this to your insurance company ASAP, and then you need to cal a criminal defense attorney to fight the ticket. Given the seriousness of the charges you do not want to do anything in the criminal law area without representation.

    Good luck

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  2. Robert Edward Heyman

    Contributor Level 14

    6

    Lawyers agree

    Answered . I concur with the previous answer. Since it appears that the accident only involved property damage, I would not be too concerned with being sued. As to the careless driving and leaving the scene charges, you should immediately contact a local criminal attorney who deals with traffic cases. The fact that the other driver apparently contacted the police first does not control the outcome of the charges, nor does the fact that the officer gave you the citations. The location of the damage to your vehicle is also not controlling. Sounds like the ultimate determination will be made by the judge in Traffic Court. Contact an attorney ASAP.

    Good Luck,

    Robert E. Heyman, Esq.

  3. Robert C. Alston

    Contributor Level 14

    6

    Lawyers agree

    Answered . Call a lawyer! Going it alone may cost you more than you want to pay.

    Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area... more

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