Q: I rear-ended somebody. Other driver took off. My car is totalled. I was cited for FTC. Can I have charge dismissed?
A: There is no way to answer your specific question with any degree of certainty because we do not have enough information. If there were no other witnesses besides you and the other driver, and assuming you have not incriminated yourself, the prosecutor will not be able to prove your guilt beyond a reasonable doubt. In that event, you would be acquitted, which is not the same as the case being dismissed but is effectively a win nonetheless. I disagree with Ms. Rice that the damage to your car should be covered under your uninsured motorists coverage. Uninsured motorist insurance is a matter of contract between you and your insurer and applies when the tortfeasor (the AT-FAULT motorist) is uninsured or underinsured. Here, you were the at-fault driver, so your uninsured motorist insurance will not apply. However, if you had no liability insurance and the other driver had uninsured motorist insurance, the other driver could make a claim for uninsured motorist insurance benefits. Think of uninsured motorist insurance like you are buying liability insurance for the uninsured driver. My website is www.statesboroaccidentlawyer.com.
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