Sylmar, CA asked in Car Accidents for California

Q: small fender bender with a park car,and try to exchange info but owner said eveything is fine 5days later report hit run

Owner of the vehicle was ask 3 times to exchange info but kept saying nothing happen to her park vehicle. And she didnt need to exchange information. She report hit and run to my insurance and also did a false police report because she knows better i stay to talk to her. I drive a telsa model y but at the time of the incident since it was small didnt even record. However she has cameras on her house and im pretty sure audio can it be ask to be realise? There was also a witness who stop and stay the whole time in her car watching us resolve it until i left she left. Didnt get her info as the owner clain everything was fine.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, leaving the scene of an accident without properly exchanging information is considered a hit-and-run, even if the other party initially claims there is no damage or need to exchange information. Here are a few steps you can take to address this situation:

1. Contact your insurance company: Inform them about the incident and the false hit-and-run claim. They will investigate the matter and help you navigate the process.

2. Gather evidence: If you have any photos, videos, or witness information from the incident, provide them to your insurance company. You can also request the release of the camera footage from the owner's house, but this may require legal assistance or a subpoena.

3. File a police report: Even though the other party has already filed a report, you should file your own report to provide your side of the story. Explain that you attempted to exchange information, but the other party declined.

4. Seek legal advice: If the situation escalates or if you believe you are being wrongfully accused, consider consulting with a lawyer who specializes in automotive accidents and insurance claims.

5. Follow up with the witness: If possible, try to locate the witness who stayed during the incident. Their testimony could be valuable in supporting your case.

Remember, it is always best to exchange information after any accident, regardless of how minor it may seem or what the other party says. This protects you from potential false claims or legal issues in the future.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.