Skip to main content

What are the costs, punishments, steps for a hit and run if was at supposedly at fault???

San Jose, CA |

hello, Recently i had been in a hit an run accident. what had happen was that i was backing out of a parking space and there was a man walking next to my car. i had started reversing my car and while i was reversing. a man who (from my point of view) was already passed my car let alone my car wheels, said i hit his foot. he cursed at me and then started to walk away. i yelled sorry and continued driving out of the parking lot. he ended up chasing after me. yelling iM going to to sue you, i have your license plate number you owe me. At that point i had no idea what was even going on, my mind and body was just shocking. but honestly i had thought it was a scam because he was yelling out that i injured his foot when he was running and walking just fine. I ended up panicking and just drove off because i felt that in this situation if i had stopped he wouldve tried to scam me (which has happened before about being scammed) and try to get money from me. i had called the police station informing about the incident and told them what had happened. They looked up the area that i was in and the police representative said that there was no 911 call in the area. She did although inform me that i am at fault and that i had just been involved in a hit and run. My question is what do i do? what are the steps to ensure that this incident gets passed? what happens if he does sue me? what are the costs and what ar

Attorney Answers 3

  1. You have 2 things to be concerned about. One is criminal charge for Hit and Run, and second is a claim for injury from the man.

    You should schedule a consult with a criminal defense atty for advice on the possible criminal charge. You may want to get documentation that you called the police and made a report. I dont know how soon you did that. Hopefully right after the incident.

    As for an injury claim, you dont know if he was hurt, or how badly. You dont know if there were witnesses. If you have auto insurance, you should report the incident. If you are contacted by the man or an atty, you need to then contact your ins company immediately.

    Your ins co will defend you from the injury claim. The man may make a punitive damage claim which wont be covered by your ins, alleging the hit and run. You may then need to consult with independent counsel, other then the atty the ins co hires to defend you.

    Good luck.

  2. Whether you are guilty of "hit and run" depends on your state of mind. If you were afraid of him causing you injury you are not guilty. Call your insurance company and give them all the facts. They have a duty to defend you from fraudulent cases.

  3. My gut instinct would tell me that the supposed victim didn't bother to call 911, you have to really doubt if that person was really hit by your vehicle. You probably had a legal to stop and investigate the accident at the scene, although you may have been afraid of the guy if he was really acting crazy. While it didn't work out well, you going to the police and informing them of exactly what happened, hopefully will be a positive. I would hope that with a little luck the District Attorney would not press charges based on the failure of the supposed victim to report the incident to the police. If he filed a claim against you, do not communicate with him nor his insurance company, but immediately hand it over to your insurance carrier. If the District Attorney decides to press charges, do not speak with anyone further, and immediately contact a criminal defense attorney.

    This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics