I just got a letter from an insurance claiming that I was involved in a hit and run. They are bringing in a photographer to take pictures of the car but there is a preexisting dent that is undocumented. Can they use this dent to prove that I was involved in the hit and run? It took a month and half for me to get this letter. They filed a police report and found my information through my license plate but I'm assuming there's no proof otherwise the police would have come directly. They cannot identify the driver but if they can prove that I was involved through the dent and forensics can I be charged with hit and run? Can I settle this manner with anonimity? What is the least that can happen and what is the worst?
You need to report the claim to your insurance company. Tell them about the prior dent. They will decide whether to pay the claim or fight it. If the other insurance company cannot identify the driver, they have a proof problem.
You do not need to hire an attorney if you are insured. However, you should speak with the other insurance company or do anything other than cooperate with your own insurance company.
You cannot settle the case anonymously. You will lose your insurance coverage. If you are worried about being charged with the hit and run, consult with a criminal defense attorney. Do not speak with the police.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
Leaving the scene of an accident is a crime. Do not admit anything. Having a defense lawyer to help you in this might not be a bad idea. It is not possible to say before hand if you will end up needing one, but one might save you some grief.
If no injury was involved, the maximum penalty is sixty day, $500 fine and points. If they have no evidence you were the driver, it would be hard to convict you absent an admission of some kind. It is also unlikely you would be charged, but being charged is up to the discretion of the state's attorney. The least that can happen is the insurance company pays out without your having made admissions to them. (Communications to an insurance agent are not privileged.)
Whose insurance company is it? You don't have to meet with anyone or let anyone see your car or take pictures unless its YOUR insurance company, and they are requesting this as part of your policy conditions. Especially so if you suspect this may end up in you being charged with a crime. I'd want to meet and get a fuller picture to advise you completely, but I don't see any reason why you should be talking to them at all, especially because all they are doing is trying ti gather evidence to use against you either in a civil suit or for a crime. Why help them? You don't have to speak to them at all
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