A woman filed a police report and accused me of a hit and run. (This isn't true, there was never a collision, or contact between any vehicles - no damage to my car whatsoever). I went to the police station and gave a statement and they inspected my vehicle and said everything was fine and closed on their end. The officer said that if I am contacted by an insurance company to give them a copy of my statement. Is this likely to happen and what can I do until then?
If what you state in your post is absolutely true (that there was no collision and no damage), then you should provide the same exact information to the claims adjuster for the insurance carrier. There is nothing you need or should do until then.
If, however, what you told the police is not true, then you may need to consult with criminal defense attorney until then.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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There are a couple of things you can consider doing while you wait to see if the other driver or her insurer decide to pursue the matter.
First, you can notify your insurer of the situation and the steps you have taken to rebut her claim. If you have a copy of the police report, offer to provide the insurer with a copy (if you don't have a copy of the report yet, you may wish to consider ordering one including the supplemental report documenting your interview).
Second, you could pull out a spiral notebook and write down everything that has happened with respect to this matter including: (1) the facts leading up to the initial incident (you mention there was no physical contact between the two cars, but you don't mention whether there was a near miss, phantom road rage, or an exchange of hand signals, etc.; she came up with your license plate number for a reason), and (2) your conversations with the police. Then, going forward, document every discussion (whether telephonic, email or in person) you have with her, her insurer, the police, your insurer, etc. regarding this matter -- your memory of the facts is stronger today than it will be a week from now, or a month, or a year. As part of this process, you may wish to photograph your car to document the lack of damage (although the photos may be of limited utility depending on the amount of time that has passed since the initial incident).
This response is general legal and business analysis and not legal advice; thus, other attorneys may analyze this issue differently, particularly if there are undisclosed facts. I am licensed to practice in CA, but I am not your attorney and this response does not create an attorney-client relationship between us. Please review Item 9 of avvo.com’s terms and conditions, which is incorporated by reference as it if was reprinted here in full.
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