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Someone claims I parked so close I hit their bumper. But there is NO damage. What will happen?

San Jose, CA |

I parked behind a pretty nice car on the street. I was really close, could barely fit my finger in between his back bumper and my front one. When i came down in the morning to my car, he had left a note claiming I hit him and that he got my car info and if i don't call him to repair his damages, he'll file a police report. I took pictures up close from one side and from over the top of the bumpers and though it's small, there is definitely a space between them. I wasn't even touching his license plate. I'm afraid that when i call he's going to try to start a fight and maybe threaten me if i don't pay. I am absolutely 100% sure there is nothing on his back bumper! his note seemed angry, what do I do? and what if i refuse to pay? can i get in trouble with the police?

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Attorney answers 7

Posted

Notify your insurance carrier of this potential scam. As for law enforcement, if they come knocking on your door, you can either politely decline comment and simply accept the summons, or you can offer what you have to defend yourself. I would pursue the first course of action. if charged, talk to a local criminal defense/traffic citation attorney to formulate a strategy on how to dispose of this unfortunate set of circumstances.

Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

You have a duty to report it to your insurance company. They will only pay claim that can be be to be caused by this incident. They will handle this for you and defend you to make sure that your are indeed to cause of the the accident.

Posted

Report this to your insurance carrier and they will investigate the claim and pay for property damage if need be.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

Report it to your insurance carrier.

Posted

Its unanimous - report it to the insurance company Give them your photographs as proof of little if no damages as being caused by you. Do not communicate with the other person. If you receive legal process in a civil suit, turn it over to your carrier.

Posted

No police problems, just report to your insurance company.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

Based on the complaining by SJPD of budget and lack of officers, and their poor response to many incidents and crimes larger than this potential one, I dont think it likely they will take any action. Notify your ins co, and then provide the guy with your ins info, and nothing else. Let them handle it. If you get served with papers, let them know.

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