Fullerton, CA asked in Criminal Law for California

Q: what constitutes a hit and run?

I was in a minor car accident & there were no injuries and no dents and just paint exchanged. I stopped & got out of my car and approached the person to exchange information but they would not speak to me as they were on the phone. I left after one minute or so & and went home. is this considered a hit-and-run and would I be arrested for it because I left?

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2 Lawyer Answers

Eric J Youngquist

  • Criminal Law Lawyer
  • Palm Springs, CA
  • Licensed in California

A: Hopefully you wrote down the location ,time, date, and license plate number of the other vehicle including make, model, and color of the other vehicle. A color photo from your cell phone is best evidence at the scene of the incident. Based upon the description of the events you made a good faith effort to exchange drivers license number and financial responsibility information with the other driver so in my opinion "NO" hit and run here as described. You should inform your insurance company of the "incident" to protect your interests.

William Mihrtad Paparian

  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Yes, it could be. You should immediately consult with an experienced criminal defense attorney.

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