Milwaukee, WI asked in Car Accidents for Indiana

Q: If someone was involved in a hit and run and person who owned the vehicle told him it was you driving and you were not

There is a witness to who was actually driving the car. I'm being charged with out ever getting anything from the police or talking to the police. And both insurance company are holding me responsible through hersay

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1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Personal Injury Lawyer
  • Chicago, IL
  • Licensed in Indiana

A: If there is an eyewitness who can exonerate you, plead "Not Guilty" in Traffic Court and subpoena the eyewitness. The judgment of the Court will satisfy the insurance company. You say that you "[Never got] anything from the police." Is that because you live at an address that is different from the one on your license? When you get your license, you agree to service for any driving-related offense at the address on your license. "Hearsay" is an out of court statement for the truth of the matter asserted. Insurance companies are not bound by the rules of evidence. If the only information that they have points to you as the driver, you need to give them more information or demonstrate their error. Given that you have an eyewitness, it should be an easy task to demonstrate that they are wrong.

If my vehicle were involved in a hit and run by a permissive driver, the driver would get the citation but I AND MY INSURANCE WOULD BE LIABLE. The ONLY way that I could escape liability to others is if the car were stolen. Moreover, unless I was in the car at the time of the accident, I COULD NOT tell the police who was driving, even if I wanted to. I could tell the police that I let Sam use my car but Sam could well have let Jeff run an errand, during which Jeff could have the hit and run accident.

"Hit and Run" is not just a traffic ticket. It is also a criminal offense that is at least a Class A Misdemeanor and can be a Felony if people were seriously injured. Contact a local criminal defense or traffic attorney for advice. There are far too many missing details to be more specific. Do NOT delay in consulting the attorney. Good luck.

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